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RAJIV SHAKDHER, TARA VITASTA GANJU
Ac Infrastructures Private Limited – Appellant
Versus
Income Tax Officer – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 6710/2023
1. Allowed, subject to the petitioner filing legible copies of the annexures, at least three days before the next date of hearing.
W.P.(C) 1754/2023
2. Issue notice.
2.1. Mr Sanjay Kumar, learned senior counsel, who appears on behalf of the respondent/revenue, accepts notice.
3. In view of the directions that we propose to pass, Mr Sanjay Kumar says that no counter-affidavit needs to be filed.
4. Thus, with the consent of counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
5. Via this writ petition, the petitioner has assailed the notice dated 27.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"].
6. Besides this, challenge is also laid to the order dated 22.07.2022 passed under Section 148A(d) of the Act.
7. The impugned notice and order concern Assessment Year (AY) 2013-14.
8. The principal allegation against the petitioner is that it is a beneficiary of accommodation entries provided by Devesh Upadhyay via a company controlled by him.
9. In this regard, reference is made to an entity
The principle of natural justice and due process requires the Assessing Officer to provide requisite material and accord personal hearing before carrying out proceedings de novo.
The court emphasized the importance of reasonableness and rationality in the assessment process and granted the AO the opportunity to re-examine the issue with a fresh look and grant a personal heari....
The Assessing Officer must conduct due diligence and establish prima facie evidence before issuing notices under Section 148A of the Income Tax Act, 1961.
The principle of natural justice and fair procedure requires the Assessing Officer to provide the petitioner with all relevant material/information and the opportunity to respond before taking furthe....
The central legal point established in the judgment is that reassessment proceedings cannot be triggered based on unsubstantiated allegations, and the court has the authority to set aside the impugne....
The central legal point established in the judgment is that the AO must have underlying material available to form a reasonable belief that income chargeable to tax has escaped assessment, and must f....
Procedural fairness and compliance with notice requirements are essential in the assessment process under the Income Tax Act.
Non-application of mind by the Assessing Officer in adding the repayment of loan to the loan amount received from unrelated parties.
Notices issued to a dissolved partnership firm under the Income Tax Act were set aside for failure to provide requisite material to the parties, highlighting the necessity of upholding natural justic....
The importance of the petitioner's response to the notice issued under Section 148A(b) of the Income Tax Act and the granting of a personal hearing.
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