Gupta Trademart Pvt Ltd. vs Deputy Commissioner of Income Tax

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1802

SANJEEV PRAKASH SHARMA
Gupta Trademart Pvt Ltd. – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent

Advocates appeared:
Ms. Sakshi Srivastava, Adv. with Mr. Bhrigu Sharma, Advocate, for the Petitioner; Mr. Anil Mehta, AAG with Mr. Siddharth Bapna, Advocate, for the Respondent

Table of Content
1. challenge to settlement commission orders. (Para 1 , 2 , 3)
2. application for settlement history and issues. (Para 6 , 7 , 8)
3. arguments on jurisdiction of the commission. (Para 9 , 10)
4. counterarguments by revenue representative. (Para 11 , 12 , 13)
5. court's observations on commission's jurisdiction. (Para 18 , 19)
6. no obligation of commission to remand. (Para 20 , 21)
7. impact of non-disclosure on commission's decision. (Para 22 , 23 , 25)
8. fair opportunity and procedural fairness required. (Para 26 , 27 , 28)
9. remand for reassessment with due process. (Para 33 , 34)

JUDGMENT

1. Both these writ petitions have been preferred by the petitioners assailing the order dated 19/12/2013 passed by the Income Tax Settlement Commission while exercising the powers under Section 245D(4) of the INCOME TAX ACT , 1961 (for short, IT Act) as also the orders dated 18/06/2014 & 21/02/2014 respectively passed under Section 245D(6B) of the IT Act.

2. The petitioner-company which is a private limited company has filed the first writ petition while Mr. Rajendra Gupta, who is Managing Director of the petitioner-company, has also filed separately the second writ petition.

3. Both th

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2021 Supreme(Raj) 1802

SANJEEV PRAKASH SHARMAGupta Trademart Pvt Ltd. – AppellantVersusDeputy Commissioner of Income Tax – Respondent

Cases Referred (10)

SANJEEV PRAKASH SHARMA
Gupta Trademart Pvt Ltd. – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent