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DELHI HIGH COURT
RAJIV SHAKDHER, TARA VITASTA GANJU
RK Gupta and Son HUF – Appellant
Versus
Income Tax Officer Ward 58(3) – Respondent
| Table of Content |
|---|
| 1. procedural preliminary measures allowed. (Para 1 , 2 , 3) |
| 2. challenges against income tax notices outlined. (Para 4 , 5) |
| 3. court critique on notice's clarity and allegations. (Para 6 , 7) |
| 4. petitioner's assertion of genuine transactions. (Para 9 , 10) |
| 5. directions for issuing clear tax notices. (Para 11) |
| 6. resolution of writ petition. (Para 12 , 13) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No.55739/2022
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) 17466/2022&CM No.55738/2022 [Application filed on behalf of the petitioner seeking interim relief]
2. Issue notice.
2.1. Mr Ajit Sharma accepts notice on behalf of the respondents.
3. In view of the direction that we intend to pass, Mr Sharma says that a counter-affidavit need not be filed. Accordingly, with the consent of the learned counsel for the parties, the writ petition is taken up for hearing and final disposal at this stage itself.
4. This writ petition is directed against the notice dated 19.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 [in sho
Notices under the Income Tax Act must clearly specify allegations of income escapement; vague notices are invalid.
The court emphasized the importance of adhering to the original allegation in the notice and found the Assessing Officer's conclusion regarding fair market value to be erroneous, leading to the setti....
The court established that failure to supply information required for assessment invalidates the reassessment notice, supporting due process in tax proceedings.
The importance of timely assertion and the requirement for verification and personal hearing before passing an assessment order under the Income Tax Act.
The central legal point established is the requirement for the Assessing Officer to apply proper discretion and consideration in determining the amount of escaped income under the Income Tax Act.
The court emphasized the requirement to grant a minimum of seven days to respond to a notice under the Income Tax Act and the obligation to furnish material available with the Assessing Officer to th....
The court emphasized the importance of correct premise, sharing of relevant information, and clear understanding of the provisions of the Income Tax Act, 1961 in reassessment proceedings.
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