RAJIV SHAKDHER, GIRISH KATHPALIA
Pks Buildmart Pvt. Ltd. – Appellant
Versus
Income Tax Officer – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 26403/2023
1. Allowed, subject to just exceptions
W.P.(C) 6751/2023 & CM APPL.26402/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Aseem Chawla, senior standing counsel, accepts notice on behalf of the respondents/revenue.
3. In view of the directions that we propose to pass Mr Chawla says that he does not wish to file a counter-affidavit and that he will argue based on the record presently available with the court. Therefore, with the consent of counsels for the 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 petitioner has assailed notice dated 27.03.2023 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"]. [hereinafter referred to as the "first notice"].
5.1. Besides this challenge is also laid concerning notice dated 30.03.2023 issued under Section 148A(b) of the Act. [hereafter referred to as the "second notice"].
5.2. In addition, thereto, the petitioner has assailed the notice dated 31.03.2023
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.
Compliance with procedural requirements and the right to a fair hearing are essential in proceedings under the Income Tax Act, 1961.
The principle of consistency in reasons for reopening assessments is crucial in determining the sustainability of notices issued under the Income Tax Act.
Post Finance Act 2021, s.148 reassessment valid even for search-derived info if search after 01.04.2021; presume recent searches post-date; quash assessment for natural justice violation if reasonabl....
The main legal point established in the judgment is the requirement for the assessing officer to consider the record of earlier assessment years and apply the principle of consistency when the reason....
The court established that failure to supply information required for assessment invalidates the reassessment notice, supporting due process in tax proceedings.
The principle of consistency in reasons for reopening assessments across different assessment years is crucial, and the Assessing Officer must apply this principle before passing the assessment order....
The main legal point established is that the delay in issuance of a notice beyond the limitation period and the inchoate nature of a digitally signed notice can lead to the quashing of the notice and....
The importance of the petitioner's response to the notice issued under Section 148A(b) of the Income Tax Act and the granting of a personal hearing.
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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