RAJIV SHAKDHER, GIRISH KATHPALIA
Vmvs Textiles Private Limited – Appellant
Versus
Income Tax Officer Ward 26(1) – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
1. Issue notice.
1.1. Mr Puneet Rai, learned senior standing counsel, accepts notice on behalf of the respondents/revenue.
2. In view of the directions that we propose to pass, Mr Rai says that he does not wish to file a counter-affidavit in the matter, and that he will rely upon the record, as is presently available to the Court.
2.1. Therefore, with the consent of the learned counsel for the parties, the writ petition is taken up for hearing and final disposal at this stage itself.
3. This writ petition concerns Assessment Year (AY) 2013-2014.
4. The writ petition assails the order dated 30.07.2022 passed under Section 148A(d) of the Income Tax Act, 1961 [in short, "Act"].
4.1. Besides this, challenge is also laid to the CBDT instruction No. 1/2022 dated 11.05.2022.
5. Furthermore, the petitioner seeks a direction qua the respondents/revenue, to the effect that they should be restrained from taking further action, in pursuance of the consequential notice issued under Section 148 of the Act.
6. The principal allegation made against the petitioner is, that it is a beneficiary of accommodation
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 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 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 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 requirement for the Assessing Officer to furnish relevant material to establish the petitioner's receipt of money in cash, influencing the decision to set aside the impugned order and notice.
The importance of timely assertion and the requirement for verification and personal hearing before passing an assessment order 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.
Procedural fairness and compliance with notice requirements are essential in the assessment process under the Income Tax Act.
The Assessing Officer must conduct due diligence and establish prima facie evidence before issuing notices under Section 148A of the Income Tax Act, 1961.
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