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RAJIV SHAKDHER, TARA VITASTA GANJU
E. Construct Fz Llc – Appellant
Versus
Assistant Commissioner of Income Tax Circle Int. Tax. 1(2)(2) – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral)
CM Appl.41389/2023
1. Allowed, subject to just exceptions.
W.P.(C) 10672/2023 & CM Appl.41388/2023 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Puneet Rai, learned senior standing counsel, accepts notice on behalf of the respondents/revenue.
3. In view of the directions that we intend to pass, Mr Rai says that no counter-affidavit is required to be filed and he will rely on the record presently available with the court.
3.1. 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. Via this writ petition, the petitioner/assessee seeks to assail the following notices and order:
(i) Notice dated 30.03.2023, issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"].
(ii) Order dated 17.04.2023, passed under Section 148A(d) of the Act.
(iii) Consequential notice dated 17.04.2023, issued under Section 148 of the Act.
4.1. The abovementioned notices and orders concern AY 2019-20.
5. The principal grievance of the petitioner is that after it was served with the notice dated 30.03.2023 under Section 14
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 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 Assessing Officer must provide adequate reasoning for reassessment actions and ensure compliance with natural justice principles.
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 central legal point established in the judgment is that the failure to consider the petitioner's reply in the assessment proceedings amounted to a breach of principles of natural justice, leading....
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....
Failure to adhere to the directions in the Standard Operating Procedure (SOP) for Assessment Unit, which led to the quashing of the impugned notices and order.
Procedural fairness and consideration of petitioner's response in assessment proceedings under the Income Tax Act
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