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RAJIV SHAKDHER, TARA VITASTA GANJU
Shukla Enterprises Private Limted – Appellant
Versus
Assistant Commissioner of Income Tax-circle 22(2) Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 15431/2023
1. Allowed, subject to just exceptions.
W.P.(C) 3957/2023 and CM APPL. 15432/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Ruchir Bhatia, senior standing counsel, accepts notice on behalf of the respondents.
3. In view of the order that we propose to pass, Mr Bhatia says that he will proceed on the basis of record presently available with the court.
4. Therefore, with the consent of counsel for the parties, the writ petition is taken up for hearing and final disposal.
5. This writ petition is directed against order dated 29.07.2022 passed under Section 148A(d) and the consequential notice dated 30.07.2022 passed under Section 148 of the Income Tax Act, 1961 [in short, "the Act"].
5.1. Besides this, challenge is also laid to the show cause notice dated 25.05.2022 issued under Section 148 A(b) of the Act.
6. The principal allegation against the petitioner is that it is one of the beneficiaries of accommodation entries provided by BKR Capital Pvt. Ltd. (in short, "BKR") This entity, according to the respondents/revenue, is
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 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.
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 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....
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 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....
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 importance of timely assertion and the requirement for verification and personal hearing before passing an assessment order under the Income Tax Act.
The court established that failure to supply information required for assessment invalidates the reassessment notice, supporting due process in tax proceedings.
The assessing officer must supply underlying material for assessment proceedings, and timelines for orders under Section 148A(d) may be extended based on nature of responses.
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