Rajesh Kumar v. CIT

27 SCC 181Reported decision2007#2032 most cited

What is Rajesh Kumar v. CIT authority for?

Principles of natural justice must be implicitly followed by statutory authorities when their actions lead to civil or adverse consequences, even if not explicitly provided in the statute. This applies to mandatory provisions like Section 271(1)(c) that impose significant penalties.

57

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2021 to 2026.

Also referred to as

Rajesh Kumar v. CIT · Section 271(1)(c) · principles of natural justice · implicit compliance · statutory authority · civil consequences · penalty proceedings · mis-reporting of income · Article 14 · mandatory provision

Issues it is cited on

Judgments citing Rajesh Kumar v. CIT

ASSISTANT COMMISSINER OF INCOME TAX, DELHI vs. TATA TELESERVICES LIMITED, DELHI

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is allowed

ITA 2759/DEL/2024[2007-08]Status: DisposedITAT Delhi11 Oct 2024AY 2007-08

Bench: Shri M. Balaganesh & Shri Vimal Kumaracit, Vs. Tata Teleservices Ltd, 124, 10Th Floor, Jeevan Bharati Delhi Tower-I, Connaught Circus, Connaught Place, Delhi (Appellant) (Respondent) Pan:Aaact2438A Co No. 82/Del/2024 (In Ita No. 2759/Del/2024) (Assessment Year: 2007-08) Tata Teleservices Ltd, Vs. Acit, 124, 10Th Floor, Jeevan Delhi Bharati Tower-I, Connaught Circus, Connaught Place, Delhi (Appellant) (Respondent) Pan:Aaact2438A Assessee By : Ms. Ananya Kapoor, Adv Shri Divyanshu Singla, Ca Shri Prateek Chauhan, Ca Revenue By: Shri Rajesh Kumar, Cit Dr Date Of Hearing 09/10/2024 Date Of Pronouncement 11/10/2024 O R D E R Per M. Balaganesh, A. M.: 1. The Appeal In Ita No.2759/Del/2024 For Ay 2007-08, Arises Out Of The Order Of National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As „Ld. Nfac‟, In Short] In Appeal No. Itba/Nfac/S/250/2023-24/1063789663(1) Dated 31.03.2024 Against The Order Of Assessment Passed U/S 271(1)(C) Of The Income-Tax Act, 1961 (Hereinafter Referred To As „The Act‟) Dated 30.03.2018 By The Assessing Officer, Acit, Circle-25(1), Delhi (Hereinafter Referred To As „Ld. Ao‟).

For Appellant: Ms. Ananya Kapoor, AdvFor Respondent: Shri Rajesh Kumar, CIT DR
Section 271(1)Section 271(1)(C)Section 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

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