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RAJIV SHAKDHER, GIRISH KATHPALIA
Krishna Diagnostic Private Limited – Appellant
Versus
Income Tax Officer Ward 14 3 Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM Appl.28271/2023
1. Allowed, subject to the petitioner filing legible copies of the annexures, at least three days before the next date of hearing.
W.P.(C)7266/2023& CM Appl.28270/2023[Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Abhishek Maratha, learned senior standing counsel, accepts notice on behalf of the respondent/revenue.
3. Given the directions that we propose to issue, Mr Maratha says that no counter-affidavit is required to be filed, and he will rely on the record presently available with the Court. Therefore, with the consent of the counsel for the parties, the matter is taken up for final hearing and disposal, at this stage itself.
4. This writ petition concerns Assessment Year (AY) 2017-18. The allegation levelled against the petitioner via notice dated 19.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"] is, that it had sold an immovable property worth Rs.8 crores, and that capital gains earned had not been disclosed.
4.1. The record shows, that the petitioner filed a response to the aforementione
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.
Violation of principles of natural justice in not granting the petitioner enough opportunity to furnish an explanation in defense of the charge levelled against him.
Natural justice is violated when a party is not given a chance to explain their case before adverse decisions are made in tax reassessment processes.
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.
A notice under Section 148 of the Income Tax Act issued beyond four years without proper examination of material facts is invalid and lacks jurisdiction.
The court emphasized the importance of the Assessing Officer issuing a show cause notice to the petitioner, granting sufficient time to respond and furnish relevant documents before passing an assess....
Notices under Income Tax Act must contain clear allegations to allow adequate defense, failing which they may be set aside.
The court emphasized the importance of the Assessing Officer's application of mind and adherence to the record in issuing notices and orders under the Income Tax Act, 1961.
The court emphasized the importance of providing all necessary annexures and directed the Petitioner to re-supply its reply with annexures to the Assessing Officer within a week, in accordance with t....
The assessing officer must consider the explanations and documents provided by the assessee before proceeding with further notices or orders under Section 148A of the Income Tax Act, failure to do so....
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