Back
RAJIV SHAKDHER, TARA VITASTA GANJU
Sonu Malik – Appellant
Versus
Assessing Officer, Ward 59(6), Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral):
CM No.7264/2023
1. Allowed, subject to just exceptions.
W.P.(C) 1911/2023
2. Issue notice.
3. Mr Abhishek Maratha accepts notice on behalf of the respondents/revenue.
4. Mr Maratha says, that in view of the directions that we intend to pass, no counter-affidavit is required to be filed.
4.1. Therefore, with the consent of the learned counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
5. This writ petition is directed against the order dated 23.12.2022 passed by the Assessing Officer (AO) under Section 220(6) of the Income Tax Act, 1961 [in short "Act"] concerning Assessment Year (AY) 2020- 2021.
6. The impugned order was passed, based on applications dated 16.11.2022 and 05.12.2022 filed by the petitioner, to stay the demand amounting to Rs.7,43,46,066/-.
6.1. The petitioner had asked for stay of demand, and waiver of 20% of the demand. Via the impugned order, the AO has scaled down the demand, pending the adjudication of the appeal preferred by the petitioner with the Commissioner of Income Tax (Appeals) [in short "CIT(A)"] to 20% of th
The main legal point established in the judgment is the court's emphasis on the need for the CIT to consider the gross profit rate based on past records and the directive to refrain from taking coerc....
Failure to consider the petitioner's reply can lead to the setting aside of an impugned order and grant liberty for a de novo exercise by the Assessing Officer.
The court emphasized the importance of the Assessing Officer's proper consideration of the petitioner's objections and material placed before forming an opinion on alleged income chargeable to tax.
The central legal point established in the judgment is the requirement for the Assessing Officer to grant a personal hearing to the authorized representative of the petitioner before framing an asses....
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
The court emphasized the importance of the Commissioner of Income Tax to dispose of the petitioner's application and accord a personal hearing, and allowed filing of written submissions. It also prov....
The court emphasized the importance of providing evidence, such as bank statements, to establish non-involvement in alleged transactions for reassessment proceedings under the Income Tax Act.
The court has the authority to set aside penalty orders and demand notices that emanate from assessment orders previously set aside, and can direct the Assessing Officer to frame a fresh assessment o....
The court emphasized the importance of pursuing the statutory remedy available to the petitioner and restrained the revenue from taking coercive measures pending the decision in the pending appeals b....
The court ruled that a petitioner must demonstrate a prima facie case and financial incapacity to obtain a stay on tax demand, which was not established in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
