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march 1998

Supreme Court of India · 1998-03-30

CENTRAL BOARD OF DIRECT TAXES & ORS. NEW DELHI vs OBEROI HOTELS (INDIA) PVT. LTD.

Citation / case number
SC 1985/67045
Court
Supreme Court of India
Petitioner
CENTRAL BOARD OF DIRECT TAXES & ORS. NEW DELHI
Respondent
OBEROI HOTELS (INDIA) PVT. LTD.
Author
D.P. Wadhwa
Bench
D.P. WADHWA SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court upheld the Delhi High Court's decision quashing the CBDT's non-approval under Section 80-0 of the Income Tax Act, 1961 for an agreement with a foreign enterprise. The Court emphasized that the CBDT failed to provide any grounds for its refusal, which is a violation of the principles of natural justice. The ruling established that the CBDT must communicate reasons for its decisions, ensuring transparency and accountability in administrative actions.

CENTRAL BOARD OF DIRECT TAXES & ORS. NEW DELHI vs OBEROI HOTELS (INDIA) PVT. LTD. · Niyam