| Case ID |
3d565ef1-ca64-4ff3-8bac-03e44137ad91 |
| Body |
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| Case Number |
CIVIL APPEAL NO. 2101 OF 2008 |
| Decision Date |
Mar 26, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court set aside the decision of the Orissa High Court regarding the applicability of section 143(2) of the Income Tax Act, 1961. It was determined that the assessment order had not been reached through scrutiny, thus the provisions of section 143(2) were not applicable. The court acknowledged that the question of applicability was raised throughout the proceedings but noted that no legal finding had been recorded. Consequently, the matter was remitted to the High Court for a fresh decision, emphasizing the need for a thorough appraisal based on the arguments presented by both parties. The ruling highlights the importance of procedural compliance in tax assessments. |
| Summary |
In the landmark case of L.N. Hota & Co. v. Commissioner of Income-tax, the Supreme Court of India addressed significant issues related to the Income Tax Act, 1961, specifically sections 143 and 148. The case arose from an appeal against the Orissa High Court's decision, which had implications for the legality of tax assessments conducted without proper notice. The Supreme Court's ruling emphasized the necessity of adhering to procedural requirements in tax assessments, particularly the issuance of notices under section 143(2). This case serves as a crucial reference for tax practitioners and advocates, highlighting the importance of compliance with statutory provisions to ensure the validity of assessments. The decision underscores the court's role in safeguarding taxpayers' rights while balancing the interests of revenue collection. This ruling is expected to influence future tax litigation and reinforce the need for adherence to due process in tax assessments. Keywords: Income Tax Act, tax assessments, procedural compliance, Supreme Court, legal findings. |
| Court |
Supreme Court of India
|
| Entities Involved |
Not available
|
| Judges |
S.B. Sinha,
Harjit Singh Bedi
|
| Lawyers |
B. Partha Sarthy,
B.V. Ranganath Swamy,
Vikram Gulati,
Mrs. Rajni Ohri Lal,
B.V. Balram Das,
D.S. Mahra
|
| Petitioners |
L.N. Hota & Co.
|
| Respondents |
Commissioner of Income-tax
|
| Citations |
2008 SLD 3086,
(2008) 301 ITR 184
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
143,
148
|