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DELHI HIGH COURT
MANMOHAN, DINESH KUMAR SHARMA
Atma Ram Saria – Appellant
Versus
Additional Commissioner of Income Tax, Delhi – Respondent
| Table of Content |
|---|
| 1. challenging assessment order under income tax act (Para 1 , 2 , 3 , 4) |
| 2. maintainability of writ petition before appellate forum (Para 6) |
| 3. procedure for reassessment must be followed (Para 7 , 8 , 9) |
| 4. setting aside impugned orders and directive for objections (Para 10) |
JUDGMENT
Manmohan, J. (Oral):--Present writ Petition has been filed challenging the notice dated 31st March, 2021 issued by the respondent under Section 148 of the Income Tax Act, 1961 (for short `Act') and the assessment order passed by the respondent under Section 147 read with Section 144B of the Act dated 30th March, 2022 for the Assessment Year 2013-14.
2. Learned counsel for the Petitioner states that during the year under consideration, the Petitioner sold the shares of Croitre Industries Limited/ Mahavir India Limited through online transaction at the Bombay Stock Exchange through the SEBI registered Stock Broker and had received the sale price in cheques on which Securities Transaction Tax at applicable rates had been paid.
3. He states that though as per the impugned assessment order, there is no record of filing of return of income pursuant to Section 148 notice on e- filing portal
The assessment order issued under Section 148 was set aside for violating procedural requirements established by the Supreme Court, emphasizing the necessity for the Assessing Officer to address obje....
The assessing officer is bound to dispose of the objections filed by the noticee before proceeding with the assessment after issuing a notice under Section 148 of the Income Tax Act.
The assessing officer must dispose of objections to a Section 148 notice with a speaking order before further assessment proceedings can continue.
The writ petition challenging a reassessment notice is premature if the petitioner has not filed objections before the Assessing Officer, as mandated by Supreme Court precedent.
The assessing officer must address objections raised by taxpayers in a speaking order when issuing notices under Section 148 of the Income Tax Act.
A writ petition challenging the reopening of assessment under the Income Tax Act is premature if the petitioner has not filed prior objections before the Assessing Officer.
The court established that failing to consider a taxpayer's submission violates procedural fairness in tax assessments, necessitating the annulment of prior notices.
The main legal point established in the judgment is that a writ petition challenging a notice under Section 148 of the Income Tax Act is not maintainable if the petitioner has not followed the proced....
The failure to provide adequate opportunity to respond in tax assessment proceedings constitutes a violation of natural justice, necessitating the quashing of the assessment order.
The issuance of reassessment notices must consider prior completed scrutiny assessments; failure to disclose relevant information breaches principles of natural justice.
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