Case Law Details
Premium Estates Private Limited Vs ACIT (Delhi High Court)
Introduction: The Delhi High Court recently ruled in the case of Premium Estates Private Limited vs. Assistant Commissioner of Income Tax (ACIT) regarding the receipt of a Section 148A(b) notice on the same day as the reassessment order.
Analysis: The petitioner challenged the order passed under Section 148A(d) of the Income Tax Act, 1961, along with a consequential notice issued under Section 148 of the Act. The main contention was that the petitioner did not receive a notice under Section 148A(b) of the Act until the same day the order was passed. The petitioner claimed that no real-time email alert was issued as required by Rule 127 of the Income Tax Rules, 1962.
During the proceedings, the standing counsel for the respondents/revenue accepted notice on their behalf and agreed not to file a counter-affidavit. With the consent of both parties, the court proceeded to hear and dispose of the writ petition. Considering the circumstances, the court set aside the impugned order and notice, directing the Assessing Officer to conduct a de novo assessment.
Conclusion: In its judgment, the Delhi High Court granted relief to the petitioner in the Premium Estates Pvt. Ltd. vs. ACIT case. The court emphasized the importance of issuing timely notices and adhering to procedural rules. The Assessing Officer was instructed to provide a personal hearing to the petitioner’s authorized representative and pass a speaking order in accordance with the law.
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