Assistant Commissioner of Income Tax & Anr. vs. M/s. Hotel Blue Moon
Case No: CIVIL APPEAL NO.1198 OF 2010
Court: SUPREME COURT OF INDIA
Date: 2/2/2010
Parties Involved
appellantsAssistant Commissioner of Income Tax & Anr.
respondentM/s. Hotel Blue Moon
Facts Summary
This is an appeal against the judgment of the High Court of Guwahati in an appeal under Section 260A of the Income Tax Act, 1961. The point raised for determination is whether the issue of a notice under Section 143(2) of the Act within the prescribed time is mandatory for the purpose of block assessment under Chapter XIV-B of the Act. The department contends that issuing a notice under Section 143(2) is not essential in block assessments under Chapter XIV-B. The assessee argues that service of …
Decision in favour of
Assessee
Legal Issues
- 1. Whether the issuance of notice under Section 143(2) of the Income Tax Act, 1961 within the prescribed time limit for the purpose of making the assessment under Section 143(3) of the Act is mandatory.
- 2. Whether the additions made under Section 68 of the Income Tax Act, 1961 should be deleted or set aside in view of the undisputed findings arrived at by the Commissioner of Income Tax (Appeals).
Precedents Relied Upon
3 precedents cited in this judgement.