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RAJIV SHAKDHER, TARA VITASTA GANJU
Rahul Aggarwal – Appellant
Versus
Income Tax Officer Ward 70-1 – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM Appl.3917/2023
1. Allowed, subject to just exceptions.
W.P.(C) 1013/2023 & CM Appl.3916/2023[Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Ruchir Bhatia accepts notice on behalf of the respondents/revenue.
3. In view of the directions that we intend to pass, Mr Bhatia says that no counter-affidavit is required to be filed in this case. Therefore, with the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal at this stage itself.
4. This writ petition is directed against the notice dated 23.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 [in short "Act"]. In addition thereto, challenge has also been laid to the order dated 29.07.2022 passed under Section 148A(d), and the consequent notice of even date i.e., 29.07.2022 issued under Section 148 of the Act.
5. To be noted, the impugned notices and the order concern Assessment Year (AY) 2016-2017.
6. We may note, that the petitioner has also laid challenge to the instructions dated 11.05.2022 issued by the Central Board of Direct Taxes
The importance of timely assertion and the requirement for verification and personal hearing before passing an assessment order under the Income Tax Act.
Compliance with procedural requirements and the right to a fair hearing are essential in proceedings under the Income Tax Act, 1961.
The importance of factual accuracy in the Assessing Officer's assumptions and the requirement to grant a fair opportunity for a personal hearing influenced the court's decision.
The Assessing Officer must provide adequate reasoning for reassessment actions and ensure compliance with natural justice principles.
The court established that failure to supply information required for assessment invalidates the reassessment notice, supporting due process in tax proceedings.
The legal principle established is that in cases of disputed income and corporate mergers, the Assessing Officer must verify the exact position and issue notice to relevant parties for reexamination.
The court upheld the authority of the Assessing Officer to reassess income under amended provisions of the Income Tax Act, reinforcing that objections can be addressed during reassessment proceedings....
The main legal point established is that a notice under Section 148 of the Income Tax Act can be based on a statement recorded under Section 133A, and such statement, along with survey findings, can ....
The main legal point established is that the delay in issuance of a notice beyond the limitation period and the inchoate nature of a digitally signed notice can lead to the quashing of the notice and....
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