RAJIV SHAKDHER, GIRISH KATHPALIA
Om Parkash – Appellant
Versus
Income Tax Officer Ward 68(5) Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No.26899/2023
1. Allowed, subject to just exceptions.
W.P.(C) 6901/2023& CM No.26898/2023[Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1 Mr Aseem Chawla, learned senior standing counsel, accepts notice on behalf of the respondent/revenue.
3. Mr Chawla says, that in view of the directions that we propose to pass, he does not wish to file a counter-affidavit, and that he will argue the matter based on the record presently available with the Court.
3.1 Therefore, with the consent of learned counsel for the parties, the matter is taken up for hearing and final disposal, at this stage itself.
4. This writ petition concerns Assessment Year (AY) 2014-15.
5. This is the second round of litigation in this Court for the petitioner. The petitioner had, in the first round, filed a writ action i.e., W.P.(C) No.13119/2022, which was withdrawn with liberty to urge all contentions and submissions before the Assessing Officer (AO). The said order was passed on 09.09.2022.
6. Pursuant to the aforesaid circumstance, an assessment order dated 29.03.2023 has been passed
The main legal point established in the judgment is the right of the petitioner to prefer an appeal with the Commissioner of Income Tax (Appeals) and the grant of a stay on any precipitate action aga....
The failure to grant a personal hearing as mandated under the Income Tax Act invalidates the assessment order, ensuring due process for taxpayers.
The failure to consider the petitioner's reply and grant a hearing led to the setting aside of the assessment order and the direction for a fair hearing and speaking order by the Assessing Officer.
Compliance with natural justice principles under Section 144B is mandatory, necessitating personal hearing opportunities when variances in assessment orders are proposed.
Point of Law : In a case where a variation is proposed in draft assessment order or final draft assessment order or revised draft assessment order, and an opportunity is provided to assessee by servi....
The court emphasized that a writ action may not be a suitable remedy for matters involving contentious facts requiring thorough enquiry, and provided the petitioner with the option to file a statutor....
An assessment order can be challenged through a writ petition on jurisdictional grounds even if an appeal has been filed, especially where the order is invalid due to procedural changes.
The Assessing Officer must provide adequate reasoning for reassessment actions and ensure compliance with natural justice principles.
Exhaustion of Alternate Remedies before Seeking Relief through Writ Petition
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.