Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Section 151A Violation: Calcutta HC Stays Income Tax Assessment Order

Case Law Details

TaxGuru Citation
2024 taxguru.in 4543
Case Name
Rahul Saraf Vs ACIT (Calcutta High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement

Rahul Saraf Vs ACIT (Calcutta High Court)

In the case of Rahul Saraf Vs ACIT, the Calcutta High Court has stayed the assessment order issued under Section 148 of the Income Tax Act for the Assessment Year 2017-18. The stay was granted due to a jurisdictional error. The petitioner challenged the notice dated April 10, 2024, arguing that it was issued in violation of the faceless assessment requirement stipulated by Section 151A following a notification from March 29, 2022. The court noted that a prima facie case was present and referenced a similar case, Girdhar Gopal Dalmia v. Union of India. Consequently, the notice issued by the Jurisdictional Assessing Officer was stayed pending the final resolution of the petition. Both parties have been instructed to file their affidavits within specified timelines, and further proceedings are to be scheduled post-exchange of affidavits.

FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT

1. Affidavit of service filed in Court today on behalf of the petitioner is taken on record.

2. The present writ petition has been filed, inter alia, challenging the notice issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the “said Act”) dated 10th April, 2024 for the Assessment Year 2017-18, by the Jurisdictional Assessing Officer.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,994

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.