RAJIV SHAKDHER, TARA VITASTA GANJU
Sru Steels Limited – Appellant
Versus
Income Tax Officer Ward 24 1 Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral):
1. In view of the directions that we propose to pass, Mr Sunil Agarwal, learned senior standing counsel, who appears on behalf of the respondent/revenue, says that no counter-affidavit is required to be filed.
2. Therefore, with the consent of the counsel for the parties, the writ petition is taken up final hearing and disposal, at this stage itself.
3. This writ petition came up for hearing, in the first instance, on 23.01.2023. At that juncture, Mr Agarwal had raised a preliminary objection, which is, that the order qua which grievance was articulated in the writ petition was passed as far back as on 31.03.2022.
4. This order was passed under Section 148A(d) of the Income Tax Act, 1961 [in short, "Act"].
5. Having regard to the objection taken, we had asked Mr Agarwal to return with instructions, as to whether or not in the intervening period, the Assessing Officer [AO] had passed an assessment order.
5.1. Mr. Agarwal has returned with instructions, to the effect that the AO has not passed an assessment order, as yet.
5.2. The statement of Mr. Agarwal is taken on record.
6. The record shows
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 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.
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.
Failure to provide a personal hearing and to deal with the assertions made by the petitioner in defense amounted to an infraction of the principles of natural justice, leading to the setting aside of....
The court emphasized the importance of addressing the petitioner's submissions and complying with the time limit for filing the reply, leading to the order for a de novo exercise by the AO.
Reassessment proceedings cannot be solely based on mere suspicion and must be supported by concrete evidence or material.
Adherence to statutory provisions, including providing adequate time for filing responses, and granting the assessee an opportunity to be heard before passing an order.
The court emphasized the requirement to grant a minimum of seven days to respond to a notice under the Income Tax Act and the obligation to furnish material available with the Assessing Officer to th....
The Assessing Officer must provide adequate reasoning for reassessment actions and ensure compliance with natural justice principles.
Procedural fairness and compliance with notice requirements are essential in the assessment process under the Income Tax Act.
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