Delhi HC dismisses Gandhi and AAP's petitions challenging Income Tax assessment transfer
May 26, 2023
New Delhi [India], May 26 : The Delhi High Court on Friday dismissed the batch of petitions by Rahul Gandhi, Sonia Gandhi, Priyanka Gandhi, Sanjay Gandhi memorial trusts and various other pleas challenging the Income Tax authority's decision transferring tax assessments of from faceless assessment to its Central circle.
Gandhis had challenged the order issued by the Income Tax principal commissioner to transfer their cases for the assessment year 2018-19 to the Central Circle.
The Division Bench of Justices Manmohan and Dinesh Kumar Sharma also dismissed the Aam Aadmi Party (AAP) petition and five non-profits organisations associated with the Gandhi family. The court clarified it had not examined the controversy between the parties on merits.
While dismissing the plea, the bench observed that there is no fundamental or vested legal right to be assessed by the faceless assessment.
The court said, "Central Circle jurisdiction is not confined to search cases and no assessee has any fundamental or vested legal right to be assessed by a faceless assessing officer."
The division bench also added that the assessment had been transferred in accordance with the law and for better coordination.
Central Circles are mandated with checking tax evasion. They take over the evidence gathered by the investigation wing during searches.
