Team  SoOLEGAL

Delhi High Court Dismissed NDTV’s plea against IT Department’s Decision of Re-Assessment

Team SoOLEGAL 18 Aug 2017 12:35pm

Delhi High Court Dismissed NDTV’s plea against IT Department’s Decision of Re-Assessment

Delhi HC dismissed a plea filed by Media House NDTV against Income tax Department, challenging Income Tax Department’s move to commence re-assessment proceedings against it for the assessment of the year 2008-09 and 2009-10 on the basis of suspicions that some of the transactions between these years are fake.

The Bench comprising Justices R Ravindra Bhatt and Nazimi Waziri also refused any relief to NDTV on its plea against a provisional attachment order of the IT department. The department is worried that the channel will remove the documents of their immovable property, non-current investment and tax refunds in order to escape the assessment. The court has rejected the plea on August 10, 2017, but the 42 page Judgment is uploaded yesterday.

NDTV raised the issue against I-T Department’s Assessing Officer’s (AO) decision of re-evaluating their accounts and property, elaborating why re-opening was not feasible and permissible in Law. NDTV argued that it had unveiled all the details of transaction necessary for the tax evaluation process previously and no further assessment is required, so why I-T Department wants to have another look in the same accounts as it is not permissible by Law. Desperate and displeased by the AO’s decision, NDTV moved to the High Court challenging the validation of the action under the Article 226 of the Constitution

Advocate associated with the issue expressed that the AO’s decision of re-assessment was necessary as the Department has some evidence alleging channel to have unaccounted income for the year 2008-09.

Senior Advocate appearing for NDTV, S Ganesh, argued that the documents presented by the channel regarding the transactional details of their income during the original assessment were abolutely transparent with no allegations that the facts revealed were false.    

Read the Judgment Here:

Delhi HC   NDTV   Justices R Ravindra Bhatt   S Ganesh  

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