Back
DELHI HIGH COURT
MANMOHAN, MANMEET PRITAM SINGH ARORA
Vega Technet Private Limited – Appellant
Versus
Income Tax Officer – Respondent
| Table of Content |
|---|
| 1. challenging the order under income tax act. (Para 1) |
| 2. arguments on source of property purchase. (Para 2 , 3 , 4) |
| 3. violation of natural justice observed. (Para 5) |
| 4. order set aside with subsequent procedures outlined. (Para 6) |
| 5. writ petition disposed with directions. (Para 7) |
JUDGMENT
Manmohan, J. (Oral):
1. Present writ petition has been filed challenging the order dated 17th July, 2022 passed under Section 148A(d) of the Income Tax Act, 1961 [`the Act'] and the notice dated 18th July, 2022 issued under Section 148 of the Act for the Assessment Year 2016-17.
2. Learned counsel for the petitioner states that pursuant to the directions of the Supreme Court in Union of India v. Ashish Agarwal, 2022 SCC OnLine SC 543, the Petitioner was issued a letter dated 25th May, 2022 under Section 148A(b) of the Act alleging that Petitioner had sold immovable property of Rs. 6,79,00,000/-. He states that the petitioner filed a reply on 14th June, 2022 to the said letter, wherein it was submitted that the Petitioner had not sold any property during the year under consideration but property had been registered in the petitioner's favour worth Rs.8,19,61,960/-and that the Pe
Natural justice is violated when a party is not given a chance to explain their case before adverse decisions are made in tax reassessment processes.
The issuance of a reassessment notice must adhere to principles of natural justice, including consideration of all relevant submissions by the assessee.
The court emphasized the importance of providing all necessary annexures and directed the Petitioner to re-supply its reply with annexures to the Assessing Officer within a week, in accordance with t....
Court emphasized that reassessment notices must consider all disclosures made by the taxpayer, reaffirming the principle of natural justice when reviewing prior returns.
The assessment proceedings were challenged successfully due to the reliance on incorrect factual basis, highlighting the necessity of maintaining proper records in tax assessments.
Notices under Income Tax Act must contain clear allegations to allow adequate defense, failing which they may be set aside.
Reassessment under Income Tax must be based on tangible evidence, not mere change of opinion; failure to consider a party's arguments is a procedural lapse warranting remand.
The central legal point established in the judgment is the duty of the Assessing Officer to consider all relevant evidence before making an assessment under the Income Tax Act.
A petitioner can challenge proceedings based on incorrect factual assumptions about income tax return filings, and the Assessing Officer must respond appropriately to rebuttals presented.
The main legal point established is the requirement for a prior show cause notice to consider the assessee's response and the prohibition on raising new issues not previously raised in the show cause....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
