Supreme Court of India
Sahara India (firm), Lucknow v. Commissioner of Income Tax, Central-i & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
8 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the law on the subject, clarified by us, will apply prospectively B and it will not be open to the appellants to urge before the Appellate Authority that the extended period of limitation under Explanation 1 (iii) to Section 153 (3) of the Act was not available to the Assessing Officer because of an invalid order under Section 142 (2A) of the Act.
Judgment, page 29
From the headnote
Income tax Act, 1961 - s. 142(2A) - Special audit of accounts - Pre-decisional hearing - Requirement of - Held: Even in absence of express provision for affording or barring an opportunity of pre-decisional hearing to assessee, the requirement of observance of principles of natural justice to be read into s. 142(2A) since the order entails civil consequences - It would apply prospectively - However, it 0 would be open to assessee to question the correctness of material gathered on basis of audit report. Principles of natural justice - Concept and applicability of - Held: Rules of 'natural
Where later benches applied it
- 2023 Madhyamam Broadcasting Limited v. Union of India & Ors.
- 2023 State Bank of India & Ors v. Rajesh Agarwal & Ors
- 2019 The Commissioner of Income Tax, New Delhi v. Ram Kishan Dass
- 2014 Association of Unified Tele Services Providers & Others v. Union of India
- 2013 M/s. Arcot Textile Mills Ltd. v. The Regional Provident Fund Commissioner and Ors.
- 2011 Kesar Enterprises Ltd. v. State of U.P. & Ors.
- 2014 Surendra Mohan Arora v. Hdfc Bank Ltd. and Others
- 2011 Automotive Tyre Manufacturers Association v. The Designated Authority & Ors.
Of those, 6 referred to · 2 mentioned
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