RAJIV SHAKDHER, GIRISH KATHPALIA
Amit Gupta – Appellant
Versus
Assistant Commissioner of Income Tax Circle 34-1 New Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 23022/2023
1. Allowed, subject to just exceptions.
W.P.(C) 5870/2023 & CM APPL. 23021/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1 Mr Sanjeev Menon, Senior Standing Counsel, accepts notice on behalf of the respondent/revenue.
3. In view of the order that we propose to pass, Mr Menon says that he does not wish to file a counter-affidavit in the matter and he will argue based on the record presently available to the Court. Therefore, with the consent of the counsels for parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
4. This writ petition concerns Assessment Year (AY) 2019-20.
5. The principal allegation levelled against the petitioner is that he has entered into sham transactions for sale of the subject goods with two entities i.e., VKC Nuts Pvt. Ltd. and M/s Arham Foods.
6. It is alleged that the petitioner has shown bogus sales vis-a'-vis the aforementioned entities.
6.1 The cumulative value of the purported bogus sales, according to the respondent/revenue, is Rs. 1,72,27,917/-. The bogus s
The court emphasized the importance of providing evidence, such as bank statements, to establish non-involvement in alleged transactions for reassessment proceedings under the Income Tax Act.
The court emphasized the importance of the Assessing Officer's proper consideration of the petitioner's objections and material placed before forming an opinion on alleged income chargeable to tax.
Failure to consider the petitioner's reply can lead to the setting aside of an impugned order and grant liberty for a de novo exercise by the Assessing Officer.
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.
Procedural fairness and compliance with notice requirements are essential in the assessment process under the Income Tax Act.
The principle of natural justice requires that a party should be given an opportunity for a personal hearing before a decision is made against them.
The court emphasized the importance of addressing the petitioner's submissions and complying with the time limit for filing the reply, leading to the order for a de novo exercise by the AO.
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 the duty of the Assessing Officer to consider all relevant evidence before making an assessment under the Income Tax Act.
The main legal point established in the judgment is the court's emphasis on the need for the CIT to consider the gross profit rate based on past records and the directive to refrain from taking coerc....
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