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IN THE HIGH COURT OF DELHI AT NEW DELHI
V.KAMESWAR RAO, VINOD KUMAR
Sapphire Foods India Ltd. – Appellant
Versus
Assistant Commissioner Of Income Tax Acit (OSD) Delhi – Respondent
| Table of Content |
|---|
| 1. petition filed for quashing notice under it act. (Para 1 , 2) |
| 2. factual background of income tax assessment and appeals. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. arguments from the petitioner about correctness of previous assessments. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. contentions regarding jurisdiction and limitations in assessment. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. petition is premature according to the respondents. (Para 30 , 31 , 32 , 33 , 34) |
| 6. arguments on reopening assessments based on audit objections. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 7. court's observations on reopening based on complete prior disclosures. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55) |
| 8. reopening assessments requires a distinction between new facts and informed conclusions. (Para 56 , 57 , 58 , 59 , 60) |
| 9. jurisdiction and limitation issues in issuing notices. (Para 61 , 62 , 63 , 64 , 65 , 66 , 67) |
| 10. court's final ruling on the notice and assessment. (Para 68 , 69) |
JUDGMENT :
V. KAMESWAR RAO, J.
1. This petition has been filed with the following prayers :
“1. Issue a writ of Certiorari or writ of mandamus or appropriate wr
Reassessment under Income Tax Act is impermissible on issues already addressed in a completed assessment, as it constitutes a change of opinion without new material evidence.
Reopening of assessment under Section 148 is invalid if based on materials already available during the original assessment, constituting a mere change of opinion without fresh evidence.
Under section 147 of the Act the proceedings for the reassessment can be initiated only if the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any....
The court emphasized the need for tangible material to believe that income had escaped assessment and held that the power to grant approval for re-opening an assessment is coupled with a duty and can....
The Assessing Officer is mandated to dispose of objections to reassessment notices by a speaking order before proceeding with the assessment.
Reassessment notice u/s 148 beyond three years requires approval from Principal Chief Commissioner u/s 151(ii); approval from Principal Commissioner invalid, rendering proceedings void. 2023 proviso ....
Assessment under Income Tax requires concrete information indicating escapement of income, which was absent in this case, rendering notices invalid.
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