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RAJIV SHAKDHER, TARA VITASTA GANJU
Adm Agro Industries India Private Limited – Appellant
Versus
Assistant Commissioner of Income Tax Circle 1(1) Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
W.P.(C) 1524/2023 & CM Nos.5797/2023 [Application filed on behalf of the petitioner seeking interim relief]
1. This writ action concerns Assessment Year (AY) 2013-14.
2. This is, for the petitioner, the second round of the litigation in this Court. The petitioner had challenged the reassessment proceedings, initiated in the earlier round, by way of W.P (C)14713/2022. Via the order dated 10.11.2022, this Court had set aside the order and notice impugned in the said writ petition, and remitted the matter to the Assessing Officer (AO).
3. Pursuant to the order dated 10.11.2022 passed by this Court, a fresh notice was issued to the petitioner. This notice is dated 21.11.2022.
4. Concededly, the petitioner filed a reply dated 29.11.2022, whereupon the impugned order dated 22.12.2022 was passed by the AO under Section 148A(d) of the Income Tax Act, 1961 [in short, "the Act"].
5. A consequential notice, which is also impugned in this writ petition was issued under Section 148 of the Act. This notice is dated 23.12.2022.
6. The principal allegation, in the first round, and in this round, against the pe
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 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.
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 Assessing Officer must consider and correlate the documents provided by the petitioner in an assessment of escaped income under the Income Tax Act, 1961.
Reassessment proceedings cannot be solely based on mere suspicion and must be supported by concrete evidence or material.
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....
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.
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 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....
Procedural fairness and compliance with notice requirements are essential in the assessment process under the Income Tax Act.
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