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RAJIV SHAKDHER, GIRISH KATHPALIA
SMS India (p) Ltd. – Appellant
Versus
Assistant Commissioner of Income Tax, Circle Int. Tax 3(1)(2), New Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No.27420/2023
1. Allowed, subject to just exceptions.
W.P.(C) 7049/2023 & CM No.27419/2023 [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. Given the directions that we propose to issue, Mr Chawla says that counter-affidavit need not be filed, and 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) 2019-20.
5. This writ petition seeks to challenge notice dated 23.03.2023 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"].
5.1. Besides this, challenge is also laid to the order dated 24.04.2023 passed under Section 148A(d) of the Act.
5.2. In addition thereto, the petitioner has assailed the consequential notice of even date, i.e., 24.04.2023, issued under Section 148 of the Act.
6. Mr Rajan Bhatia, who a
The court established that failure to supply information required for assessment invalidates the reassessment notice, supporting due process in tax proceedings.
Compliance with procedural requirements and the right to a fair hearing are essential in proceedings under the Income Tax Act, 1961.
The importance of timely assertion and the requirement for verification and personal hearing before passing an assessment order under the Income Tax Act.
Notices issued under the Income Tax Act must provide clear and specific information to the assessee, and vagueness or lack of clarity may lead to their quashing.
The Assessing Officer must provide adequate reasoning for reassessment actions and ensure compliance with natural justice principles.
The court upheld the authority of the Assessing Officer to reassess income under amended provisions of the Income Tax Act, reinforcing that objections can be addressed during reassessment proceedings....
The court emphasized the importance of the Assessing Officer considering the explanation given by the petitioner and the need to establish the taxable income in the hands of the legal entities.
A personal hearing is essential in tax assessment procedures to ensure administrative fairness; failure to provide one invalidates the assessment orders.
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