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Income Tax - Highlights / Catch Notes

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Validity of Charge memo issued to CIT(A) - The case involved a ...


High Court Upholds Tribunal's Decision, Dismisses Challenge to Quashed Charge Memo Against Former Tax Commissioner.

March 28, 2024

Case Laws     Income Tax     HC

Validity of Charge memo issued to CIT(A) - The case involved a challenge to an order issued by the Central Administrative Tribunal, which had quashed a charge memo against the respondent, a former Commissioner of Income Tax (Appeals). The petitioners alleged that the respondent had wrongly decided five appeals during his tenure, prompting the issuance of the charge memo in 2014. However, the High Court found that the delay of over ten years in issuing the charge memo was unjustified and could prejudice the respondent's defense. Despite arguments regarding the applicability of previous court decisions and the nature of the respondent's duties, the Court upheld the Tribunal's decision and dismissed the writ petition.

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