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Supreme Court of India 2022-03-28 allowed

Vishal Ashwin Patel vs Assistant Commissioner of Income Tax Circle 25(3) & Ors

Bench: 2 — M.R. Shah

In Brief

The Supreme Court allowed four civil appeals against High Court orders that dismissed writ petitions challenging the reopening of income tax assessments under Section 148 of the Income Tax Act. The High Court had dismissed the petitions without providing reasoned orders addressing the diverse grounds raised. The Supreme Court held that High Courts exercising writ jurisdiction under Article 226 must pass reasoned orders containing the facts, issues, parties' submissions, applicable legal principles, and detailed findings. The Court set aside the High Court orders and remanded for fresh consideration on merits, emphasizing that reasons constitute the soul of judicial decisions and bring legitimacy to the judiciary.

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Judicial Process Income Tax Writ Petition Administrative Law Procedural Law

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