Back
RAJIV SHAKDHER, TARA VITASTA GANJU
Majestic Handicraft Private Limited – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent
ORDER
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
1. Issue notice.
1.1. Mr Abhishek Maratha, learned senior standing counsel accepts notice on behalf of the respondent/revenue.
2. In view of the directions that we propose to pass, Mr Maratha says that no counter-affidavit is required to be filed in the matter. Therefore, with the consent of the parties, the writ petition is taken up for final hearing and disposal, at this stage itself.
3. This writ petition is directed against notice dated 21.03.2022 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "the Act"].
3.1. Besides this, challenge is also laid to the order dated 28.03.2022 passed under Section 148A(d) of the Act, and the consequential notice of even date i.e., 28.03.2022 issued under Section 148 of the Act.
4. The principal allegation levelled against the petitioner is, that it is a beneficiary of accommodation entries provided by, one, Mr Sanjeev Sharma, proprietor of Balaji Enterprises and one, Mr Suresh Kumar, proprietor of Dev Sales Corporation.
4.1. The value placed by the respondent/revenue qua the accommodation entry provided by Balaji Enterprises is Rs.1,44.56,1
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 due process requires the Assessing Officer to provide requisite material and accord personal hearing before carrying out proceedings de novo.
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 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 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.
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.
The court emphasized the importance of providing all relevant material and documents to the petitioner in a fair and balanced manner, ensuring that the rights and contentions of all parties are left ....
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....
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
