Facts of the Case
The writ petitions filed by Jagmohan Kejriwal formed part of a large batch of matters adjudicated together by the Delhi High Court in ITA 52/2024 and connected cases. The petitions arose from reassessment proceedings initiated by the Income Tax Department through issuance of notices by the Income Tax Officer, Ward 62(1), Delhi. The petitioner challenged the legality of these proceedings on the ground that they were initiated without adherence to the statutory framework governing reassessment under the Income-tax Act, 1961.
Issues Involved
- Whether
reassessment proceedings were validly initiated in accordance with
statutory requirements under the Income-tax Act.
- Whether
the impugned notices complied with jurisdictional conditions and
limitation provisions.
- Whether
proceedings initiated without proper statutory foundation could be
sustained in law.
- Whether
relief should be granted where the Revenue acted beyond its lawful
authority.
Petitioner’s Arguments
- The
impugned notices were issued without satisfying mandatory statutory
prerequisites for initiating reassessment proceedings.
- The
proceedings were without jurisdiction and contrary to the safeguards
provided under the Act.
- Statutory
limitations and procedural requirements had not been complied with.
- Consequently,
the notices and subsequent actions were liable to be quashed.
Respondent’s Arguments
- The
reassessment proceedings were initiated on the basis of material
indicating escaped income.
- The
statutory framework permits reopening of assessments subject to prescribed
conditions.
- The
impugned notices were issued in accordance with law and within
jurisdiction.
- Therefore,
the proceedings were valid and sustainable.
Court Order / FINDINGS
- Reassessment
proceedings must strictly conform to the statutory framework prescribed
under the Income-tax Act.
- Jurisdictional
requirements and procedural safeguards are mandatory in nature.
- Proceedings
initiated without compliance with these requirements are without
jurisdiction and unsustainable in law.
- Courts
are empowered to intervene where statutory safeguards are disregarded.
Important Clarification
- Reassessment
provisions, though enabling recovery of escaped income, remain subject to
strict statutory limitations.
- Jurisdictional
defects cannot be cured by subsequent proceedings.
- Authorities
must demonstrate compliance with all statutory prerequisites before
invoking reassessment powers.
- Taxpayers
are entitled to protection against actions taken beyond lawful authority.
Link to download the order – https://www.mytaxexpert.co.in/uploads/1772279334_JAGMOHANKEJRIWALVsINCOMETAXOFFICERWARD621DELHIANR..pdf
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