Supreme Court of India
Vodafone Idea Ltd. (earlier Known as Vodafone Mobile Services Limited) v. Assistant Commissioner of Income Tax Circle 26 (2) & 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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that in respect of Assessment Years ending on 31st March 2017 or before, if a notice was issued in conformity with the requirements stated in sub-section (2) of Section 1 43 of the Act, it shall not be necessary to process the refund under sub- section (1) of Section 143 of the Act and that the requirement to pr ocess the return shall stand overridden.
Judgment, page 42
From the headnote
Income Tax Act, 1961: s.143(1) and s.143(2) – Exerc ise of power under – Distinction between – Held: Under s.1 43(1), the matter is processed, only to check whether any appa rent inconsistencies are evident on the face of the return and conn ected material which may call for any adjustment while und er s.143(2), the matter is scrutinized after taking into account such evidence as the assessee may produce – Exercise in s.143(2) is to ensure that there is no understating of income or overstating of loss or under- payment of the tax in any manner – The power under sub-s ection (1) of s.143 is
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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