2023 (5) TMI 1009 - HC - Income Tax

Application filed seeking interim relief - order u/s 148A(d) was passed, according to the petitioner, as far back as on 31.03.2022 - revenue, says that the petitioner is guilty of delay and laches, and therefore, no intercession is called for. HELD THAT - Before we proceed further, we would like to know from revenue as to whether or not the assessment order has been passed. He will return with instructions, in that behalf, on the next date of hearing. List the matter on 14.02.2023.

Summary

Issues Involved:
1. Delay in passing assessment order for Assessment Year 2018-19.

Analysis:
The judgment delivered by the Delhi High Court addressed the issue of delay in passing the assessment order for Assessment Year 2018-19 under Section 148A(d) of the Income Tax Act, 1961. The petitioner, represented by Ms. Rano Jain, informed the court that no assessment order had been issued yet. On the contrary, the respondent/revenue, represented by Mr. Sunil Agarwal, argued that the petitioner was responsible for the delay and laches, indicating that no intervention was warranted. The court sought clarification from Mr. Agarwal regarding the status of the assessment order, instructing him to provide an update at the next hearing scheduled for 14.02.2023. Additionally, the petitioner was directed to submit legible copies of the annexures three days before the next hearing.

This judgment highlights the importance of timely issuance of assessment orders under the Income Tax Act, emphasizing the need for parties to avoid unnecessary delays in legal proceedings. The court's decision to seek clarity on the assessment order status demonstrates a commitment to ensuring procedural fairness and efficiency in resolving tax-related disputes. The involvement of both parties' legal representatives underscores the significance of legal representation in presenting arguments and information accurately before the court. Overall, the judgment reflects the court's proactive approach in managing the case and upholding the principles of justice and procedural compliance in tax matters.