SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(UK) 171

SHARAD KUMAR SHARMA
Anil Kumar Malhotra – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Arvind Vashisth, Senior Advocate, assisted by Mr. Harsh Vardhan Dhanik, Advocate, for the petitioner
For the Respondents:Mr. Pankaj Rastogi, Standing Counsel, for the Union of India, Mr. Hari Mohan Bhatia, Advocate.

JUDGMENT :

1. In each of these writ petitions, the petitioner had questioned the Assessment Orders, as it had been passed by the respondents for the assessment years 2016-17, 2015-16, 2014-15, 2013-14 and 2017-18 respectively, as it engages consideration in all the writ petitions, referred to above. As a consequence of the proceedings, which was drawn under Section 147 to be read with Section 144B of the Income Tax Act, as passed by respondent No. 4, assessing the petitioner’s the consequential recovery of penalty has been resorted to by initiation of the proceedings under Section 271(1)(b) and Section 271(1)(c) by the impugned orders passed by the respondents.

2. It is not in controversy, that as against the respective Assessment Orders for the respective Financial Years referred to in the relief ‘a’, of each of the writ petitions, the petitioner had already invoked an Appellate Forum, and has filed an Appeal, which are still pending consideration before the appellate authority, and has not yet been adjudicated on its own merits.

3. During the pendency of the Appeal itself, the petitioner herein had filed a Stay Application, for the grant of an interim relief, as against the respe

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        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

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top