Divya Capital One Private Limited vs Assistant Commissioner of Income Tax

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MANMOHAN, DINESH KUMAR SHARMA
Divya Capital One Private Limited – Appellant
Versus
Assistant Commissioner of Income Tax – Respondent

Table of Content
1. writ petition challenging notices and orders. (Para 1)
2. arguments regarding the validity of reassessment actions. (Para 2 , 3 , 4 , 5 , 6)
3. court's observations on reassessment standards. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. court's order to quash and remand the case. (Para 17 , 18)

JUDGMENT

Manmohan, J. (Oral):

C.M.No.22640/2022

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P.(C) No.7406/2022 & C.M.No.22639/2022

1. Present Writ Petition has been filed challenging the Notice dated 17th March, 2022 issued under Section 148A(b) of the Income Tax Act, 1961 (`the Act') as well as the Order dated 04th April, 2022 passed by the Assessing Officer under Section 148A(d) and the consequential impugned notice dated 04th April, 2022 issued under Section 148 of the Act.

2. Learned counsel for the Petitioner contends that the impugned Order dated 04th April, 2022 under Section 148A(d) has been passed without considering the replies dated 24th March and 31st March, 2022 filed by the Petitioner to the show cause notice. He states that the petitioner filed a preliminary response to the above said show c

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DELHI HIGH COURTMANMOHAN, DINESH KUMAR SHARMADivya Capital One Private Limited – AppellantVersusAssistant Commissioner of Income Tax – Respondent

DELHI HIGH COURT
MANMOHAN, DINESH KUMAR SHARMA
Divya Capital One Private Limited – Appellant
Versus
Assistant Commissioner of Income Tax – Respondent