Case Law Details
Amber Commodeal Private Limited Vs ITO (Calcutta High Court)
Introduction: In a recent ruling by the Calcutta High Court, the case of Amber Commodeal Private Limited vs. ITO shed light on the serious consequences of suppressing material facts in Income Tax proceedings. The court’s decision highlights the importance of transparency and honesty in legal proceedings, particularly when seeking interim orders. In this article, we will delve into the details of the case and the court’s stern stance on contempt of court in such matters.
Detailed Analysis:
1. Background of the Case: The petitioner, Amber Commodeal Private Limited, challenged an order dated 22nd July, 2022, under Section 148A(d) of the Income Tax Act, 1961, relating to the assessment year 2014-15. Subsequent proceedings were based on the notice dated 22nd July, 2022, issued under Section 148 of the Income Tax Act, 1961. An interim order had been passed by the Calcutta High Court on 28th April, 2023, in this regard.
2. Suppression of Material Facts: It came to light that the petitioner had failed in their duty to bring to the notice of the Court crucial information. Specifically, it was revealed that before the interim order of 28th April, 2023, was passed by the Court, a final order of assessment under Section 147 of the Act had already been passed on 24th March, 2023. Furthermore, an appeal against the final assessment order had been filed on 23rd April, 2023.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
