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RAJIV SHAKDHER, GIRISH KATHPALIA
Sateesh Kumar – Appellant
Versus
Income Tax Officer Ward-28 (5) , Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
1. We heard Mr. Shafiq Khan, the counsel who appears on behalf of the petitioner, for some time on the previous date, i.e., 25.07.2023, whereupon we had set out the broad contours obtaining in the matter.
2. For the sake of convenience, the relevant parts of the order dated 25.07.2023 are set forth hereafter:
"2. The record shows that the order under Section 148A(d) of the Income Tax Act, 1961 [in short, "Act"] was passed by the Assessing Officer (AO) as far back as on 28.07.2022, which was followed by an assessment order dated 31.05.2023.
3. The assessment order has been passed under Section 147, read with Section 144 of the Act.
4. This assessment order concerns Assessment Year (AY) 2016-17.
5. The AO appears to have formed the view that income amounting to Rs.30,85,500/-, which is otherwise chargeable to tax, has escaped assessment.
6. It is the petitioner's case that he has moved from Quetta in West Pakistan. While moving to India, he brought with him cash amounting to approximately Rs.27,50,000/-, and jewellery weighing 150 grams.
6.1 So far as the cash is concerned, Rs. 27,50,000 was deposited by the
The central legal point established in the judgment is that the Commissioner of Income Tax (Appeals) has the power to annul the assessment order, including the power to set it aside, and that annulme....
The central legal point established in the judgment is that reassessment proceedings must adhere to the specified authority's approval and the threshold requirements for escaped income under the Inco....
The Assessing Officer must independently consider the petitioner's response and furnish relevant material before passing an assessment order.
The court emphasized the importance of pursuing the statutory remedy available to the petitioner and restrained the revenue from taking coercive measures pending the decision in the pending appeals b....
Compliance with natural justice principles under Section 144B is mandatory, necessitating personal hearing opportunities when variances in assessment orders are proposed.
The court has the authority to set aside penalty orders and demand notices that emanate from assessment orders previously set aside, and can direct the Assessing Officer to frame a fresh assessment o....
The Assessing Officer must consider and correlate the documents provided by the petitioner in an assessment of escaped income 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.
Failure to grant a personal hearing by the Assessing Officer violates principles of natural justice, necessitating the annulment of the assessment order.
Breach of principles of natural justice in assessment proceedings under the Income Tax Act, 1961.
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