Appellant: Jasbinder Singh, Karnal, Haryana
Respondent: ITO Ward-2, Karnal
For the Appellant: Sh. Suresh Gupta, CA
For the Respondent: Sh. Sanjay Kumar, Sr. DR
Date of Hearing: June 23, 2022
Date of Pronouncement: June 23, 2022
Jasbinder Singh contested the reassessment for the fiscal year 2009-10, which was initially triggered by a property sale transaction. The assessing officer (AO) acted on the premise that Singh had failed to report income from the sale of property, leading to potential tax evasion.
Singh raised several issues regarding the validity of the reassessment procedure, specifically highlighting that:
The Tribunal noted several procedural errors, including the pre-dated issuance of a Section 148 notice before obtaining the necessary statutory approvals. Furthermore, discrepancies in the reassessment paperwork and a lack of substantive evidence that Singh had omitted material facts in his original tax filing led to the conclusion that the reassessment was unfounded.
The ITAT quashed the reassessment order, citing the procedural anomalies and the baseless nature of the initial belief that led to the reassessment. This case underscores the critical nature of adhering to procedural norms and the rights of the taxpayer to a fair assessment process.
The appeal of Jasbinder Singh was allowed, setting aside the reassessment and emphasizing the importance of due process in tax proceedings. The order was pronounced openly immediately after the hearing, highlighting the tribunal’s commitment to transparent judicial processes.
Jasbinder Singh vs. ITO Ward-2, Karnal (2009-10): Assessment of Reassessment Validity
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