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RAJIV SHAKDHER, TARA VITASTA GANJU
Ashok Kumar Madan – Appellant
Versus
Income Tax Officer Ward 67(1) New Delhi – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral)
CM Appl.18001/2023
1. Allowed, subject to just exceptions.
W.P.(C) 4668/2023 & CM Appl.18000/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Sunil Agarwal, senior standing counsel, accepts notice on behalf of the respondents/revenue.
3. In view of the directions that we propose to pass, Mr Agarwal says that a counter-affidavit is not required to be filed and he will argue based on the record presently available with the court. Therefore, with the consent of the counsels for the parties, the writ petition is taken up for final hearing and disposal, at this stage itself.
4. This writ petition is directed against the notice dated 17.03.2023 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "the Act"].
4.1. Besides this, challenge is also laid to the order dated 31.03.2023 passed under Section 148A(d) and the consequential notice of even date i.e., 31.03.2023 issued under Section 148 of the Act.
5. The impugned order and notices concern Assessment Year (AY) 2016-17.
6. The record shows that the Assessing Officer (AO) proceeded to issue the notice dated 17.03.2023 under Section 1
The court emphasized the importance of correct premise, sharing of relevant information, and clear understanding of the provisions of the Income Tax Act, 1961 in reassessment proceedings.
The court emphasized the importance of considering the petitioner's reply and according a personal hearing before passing an assessment order under the Income Tax Act, 1961.
The court emphasized the importance of providing a fresh opportunity to the petitioner to respond to the notice under Section 148A(b) of the Income Tax Act, 1961, and the requirement for the Assessin....
Compliance with procedural requirements and the right to a fair hearing are essential in proceedings under the Income Tax Act, 1961.
The Assessing Officer must provide adequate reasoning for reassessment actions and ensure compliance with natural justice principles.
The court established that failure to supply information required for assessment invalidates the reassessment notice, supporting due process in tax proceedings.
The court emphasized the requirement to grant a minimum of seven days to respond to a notice under the Income Tax Act and the obligation to furnish material available with the Assessing Officer to th....
The court emphasized the importance of adhering to the original allegation in the notice and found the Assessing Officer's conclusion regarding fair market value to be erroneous, leading to the setti....
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