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RAJIV SHAKDHER, GIRISH KATHPALIA
Fada Trading Private Limited – Appellant
Versus
Income Tax Ward 9 (1) , Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
C.M. No. 47214/2023
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) 12044/2023
2. Issue Notice.
2.1. Mr. Kunal Sharma, learned senior standing counsel, accepts notice on behalf of the respondents/revenue.
3. Given the directions that we propose to pass, Mr. Sharma says that the counter-affidavit need not be filed and he will argue the matter based on the record available presently with the court.
4. With the consent of the counsels for the parties, the writ petition is taken up for final hearing and disposal at this stage itself.
5. The principal grievance of the petitioner is that Rs. 40,00,000/- deposited by it (albeit, in two tranches) towards tax was inadvertently captured against under Assessment Year (AY) 2019-20 instead of AY 2020- 21.
5.1. In other words, the petitioner concedes that a mistake was made in filling up the two challans which accompanied the deposit of the self- assessment tax.
5.2. The two tranches in which the self-assessment tax was deposited were Rs.10,00,000/- and Rs. 30,00,000/-.
6. It is also
Prompt addressing of rectification application for refund and timely remittance of refund amount if due.
The obligation of the Assessing Officer to pass a speaking order in response to the petitioner's communication regarding the reconciliation of refund figures.
The court held that the best course is to remit matters to the Assessing Officer for a speaking order rather than filing for rectification when significant time has passed.
Procedural fairness and consideration of petitioner's response in assessment proceedings under the Income Tax Act
Violation of principles of natural justice and failure to adhere to the timeline given in the notice led to the setting aside of the impugned assessment orders.
The central legal point established in the judgment is the importance of expeditious disposal of appeals and compliance with court directions in matters related to refunds and recovery proceedings.
The court emphasized the importance of following the regime set forth in Section 245 of the Income Tax Act, 1961, and upheld the petitioner's right to seek an appropriate remedy if aggrieved by the d....
The main legal point established in the judgment is the requirement to calculate the tax effect separately for every assessment year and to file appeals based on the tax effect in the relevant assess....
The court directed the rectification of tax records under its supervisory jurisdiction, based on clear evidence that a significant tax payment was misattributed to the wrong assessment year.
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