Deepak Gupta v. Assistant Commissioner of Income Tax, Circle 43(1), Delhi & Ors.

Delhi High Court · 16 Sep 2025 · 2025:DHC:8217-DB
V. Kameswar Rao; Vinod Kumar
W.P.(C) 13828/2025
2025:DHC:8217-DB
tax appeal_allowed

AI Summary

The Delhi High Court set aside the reopening order under Sections 148 and 148A(3) of the Income Tax Act, 1961, directing the Assessing Officer to reconsider the petitioner's replies after hearing him within eight weeks.

Full Text
Translation output
W.P.(C) 13828/2025
HIGH COURT OF DELHI
Date of Decision: 16.09.2025
W.P.(C) 13828/2025, CM APPL. 56725/2025
DEEPAK GUPTA .....Petitioner
Through: Mr. Abhishek Garg, Mr. Yash Gaiha, Advs.
VERSUS
ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 43(1), DELHI & ORS. .....Respondent
Through: Mr. Sunil Agarwal, SSC, Mr. Viplav Acharya, JSC, Ms. Priya Sarkar, JSC, Mr. Utkarsh Tiwari, Mr. Anugrah Dwivedi, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE VINOD KUMAR V. KAMESWAR RAO, J. (ORAL)
JUDGMENT

1. Mr. Sunil Agarwal, learned SSC for the Revenue has taken instructions and as per his instructions appropriate shall be that the order dated 13.06.2025 under Section 148A(3) of the Income Tax Act, 1961 (the Act) and notice issued under Section 148 of the Act be set aside and the matter be remanded back to the Assessing Officer (AO) for consideration of the replies filed by the petitioner to enable the AO pass a fresh order.

2. If that be so, we set aside the order dated 13.06.2025 issued under Section 148A(3) and notice under Section 148 of the Act with direction that W.P.(C) 13828/2025 the AO shall pass a fresh order after hearing the petitioner and/or his representative on the date and time to be informed to the petitioner and then pass a fresh order.

3. It is made clear that the aforesaid process including hearing shall be completed within eight weeks as an outer limit.

4. Liberty shall be with the petitioner to submit such documents, which are not part of record, at the time of hearing.

5. The petition is disposed of.

6. The pending application, if any, is dismissed as infructuous.

V. KAMESWAR RAO, J

VINOD KUMAR, J SEPTEMBER 16, 2025 RT