| Case ID |
2b4ceee6-c827-401a-9ba3-76681024edbb |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 22950 (W) OF 2009 |
| Decision Date |
Dec 21, 2009 |
| Hearing Date |
|
| Decision |
The writ petition was allowed, quashing the notice dated July 16, 2009, under section 148 of the Income-tax Act, along with all consequential proceedings including the order dated December 8, 2009. The court held that the Income Tax Officer could not shift the ground for reopening the assessment from 'escapement of income' to 'concealment of investment', as the petitioner had fully disclosed its income and the return was accepted. The court emphasized that the petitioner was under no obligation to file a valuation report before the Valuation Officer, and thus the notice under section 148 was not valid due to the absence of any concealment or undisclosed income. |
| Summary |
In the case of Hotel Regal International vs. Income Tax Officer, the Calcutta High Court evaluated the legality of a notice issued under section 148 of the Income-tax Act, 1961, concerning the assessment year 2006-07. The petitioner challenged the notice on the grounds of procedural irregularities and the validity of the claims made by the Income Tax Officer regarding 'concealment of investment'. The court underscored the importance of full disclosure of income by the petitioner, which had been accepted in previous assessments. The judgment highlighted key aspects of tax law, particularly relating to the reassessment of income and the requirements for issuing notices under the Income Tax Act. The ruling serves as an important reference for similar tax-related disputes, emphasizing the need for clarity and consistency in administrative proceedings. The court's decision to quash the notice reflects a commitment to uphold the rights of taxpayers against arbitrary actions by tax authorities. Keywords: Income Tax Act, reassessment, tax law, Calcutta High Court, legal proceedings. |
| Court |
Calcutta High Court
|
| Entities Involved |
Not available
|
| Judges |
Soumitra Pal, JJ.
|
| Lawyers |
R.N. Dutta,
Mrs. S. Roy Choudhury,
D.N. Dey,
Prithu Dudhoria
|
| Petitioners |
Hotel Regal International
|
| Respondents |
Income Tax Officer
|
| Citations |
2010 SLD 2049,
(2010) 320 ITR 573
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
148
|