Delhi High Court
Rajeev Sadh vs Income Tax Officer, Ward 58(7), ... on 28 April, 2022
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6113/2022 & CM APPLs.18449-18450/2022
RAJEEV SADH ..... Petitioner
Through: Mr. Talha Abdul Rahman with
Mr. Shaz Khan and Mr. Harsh
Vardhan Kediya, Advocates.
versus
INCOME TAX OFFICER, WARD 58(7), DELHI AND ANR
..... Respondents
Through: Mr. Shailendra Singh, Advocate.
% Date of Decision: 28th April, 2022
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
JUDGMENT
MANMOHAN, J (Oral):
1. Present writ petition has been filed challenging the notice dated 30th
March, 2021 issued under Section 148 of the Income Tax Act, 1961 (for
short 'the Act'), assessment order, demand notice and penalty notice dated
31st March, 2022 for the Assessment Year 2017-18.
2. Learned counsel for the Petitioner states that the objections dated 17th
March, 2022 in response to reasons to believe dated 15th March, 2022 were
duly lodged on the portal; but the respondents have till date not adjudicated
upon the same and have proceeded straightway to issue show cause notice
for variation on 25th March, 2022 and have issued notice of demand dated
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.05.2022
10:03:01
31st March, 2022.
3. On the last date of hearing, learned counsel for the respondents had
taken time to obtain instructions. Today, learned counsel for the respondents
admits that the objections dated 17th March, 2022 were not disposed of by
the respondents. He, however, states that enough opportunity had been
granted to the petitioner to present its case. Consequently, according to him
non-disposal of the objections dated 17th March, 2022 was inconsequent.
4. Having heard learned counsel for the parties, this Court is of the view
that the issue raised in the present writ petition is no longer res integra. The
Supreme Court in GKN Driveshafts (India) Ltd. vs. Income Tax Officer
and Ors., (2003) 1 SCC 72 has held as under:-
"5. We see no justifiable reason to interfere with the
order under challenge. However, we clarify that when a
notice under Section 148 of the Income Tax Act is issued,
the proper course of action for the noticee is to file return
and if he so desires, to seek reasons for issuing notices.
The assessing officer is bound to furnish reasons within a
reasonable time. On receipt of reasons, the noticee is
entitled to file objections to issuance of notice and the
assessing officer is bound to dispose of the same by
passing a speaking order. In the instant case, as the
reasons have been disclosed in these proceedings, the
assessing officer has to dispose of the objections, if filed,
by passing a speaking order, before proceeding with the
assessment in respect of the abovesaid five assessment
years."
5. Since in the present case, the objections were filed by the petitioner,
this Court is of the view that the respondents were duly bound to decide the
same before proceeding further in the matter.
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.05.2022
10:03:01
6. Accordingly, the impugned assessment order and demand notice as
well as penalty notice dated 31st March, 2022 for the Assessment Year 2017-
18 are set aside and the matter is remanded back to the Assessing Officer to
decide the objections dated 17th March, 2022 in accordance with law within
eight weeks.
7. With the aforesaid direction, the present writ petition and applications
stand disposed of.
MANMOHAN, J
SUBRAMONIUM PRASAD, J
APRIL 28, 2022
AS
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.05.2022
10:03:01
