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DELHI HIGH COURT
RAJIV SHAKDHER, TARA VITASTA GANJU
Vijay Kansal Prop. Aarti Steels – Appellant
Versus
ITO, Ward 35 (1) Delhi – Respondent
| Table of Content |
|---|
| 1. writ petition overview and relevant notices. (Para 1 , 2) |
| 2. court's procedural observations regarding parties' appearances. (Para 3 , 4 , 5) |
| 3. findings on petitioner's account discrepancies. (Para 6 , 7) |
| 4. claims of prior dropped reassessment proceedings. (Para 8 , 9) |
| 5. conclusion to set aside the impugned order. (Para 10 , 11 , 12 , 13 , 14) |
JUDGMENT
Rajiv Shakdher, J. (ORAL):
CM No.43310/2022
1. Allowed, subject to just exceptions.
W.P.(C) 14173/2022&CM No.43309/2022 [Application filed on behalf of the petitioner seeking interim relief]
2. This writ petition is directed against the order dated 26.07.2022 passed under Section 148A(d), and the notice of even date i.e., notice dated 26.07.2022 issued under Section 148, as also the notice dated 24.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 [in short "Act"] concerning Assessment Year (AY) 2013-2014.
3. The record shows, that on 18.11.2022, a coordinate bench of this Court had made the following observations:
"In the impugned order passed under Section 148A(d) of the Income Tax Act, 1961, the Assessing Officer has held, "Further analysis of Bank statement of Sh. Prem Rattan has revealed tha
The court emphasized the necessity for thorough examination of evidence prior to issuing assessment notices under the Income Tax Act, reinforcing the principle that decisions must be based on substan....
The central legal point established in the judgment is the requirement for actionable material and the significance of discrepancies in assessment proceedings under the Income Tax Act, 1961.
The court established that failure to supply information required for assessment invalidates the reassessment notice, supporting due process in tax proceedings.
The central legal point established in the judgment is the interpretation of the amended re-assessment scheme introduced by the Finance Act, 2021, and the importance of upholding principles of natura....
The court held that the Assessing Officer's failure to consider the petitioner's detailed replies before passing the reassessment order violated procedural justice under the Income Tax Act.
The Assessing Officer must provide adequate reasoning for reassessment actions and ensure compliance with natural justice principles.
The court upheld the authority of the Assessing Officer to reassess income under amended provisions of the Income Tax Act, reinforcing that objections can be addressed during reassessment proceedings....
The main legal point established in the judgment is the requirement for the assessing officer to consider the record of earlier assessment years and apply the principle of consistency when the reason....
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