Supreme Court of India · 2003-05-08
Commissioner Of Income Tax, Bhopal vs M/S. Shelly Products And Another
- Citation / case number
- AIR 2003 SUPREME COURT 2532
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Income Tax, Bhopal
- Respondent
- M/S. Shelly Products And Another
- Author
- B.P. Singh
- Bench
- N. Santosh Hegde, B.P. Singh
Judgment text excerpt
The Supreme Court held that under Section 143(3) and Section 144B of the Income Tax Act, assessees are entitled to a refund of income tax paid by way of advance tax and self-assessment tax when the assessment is nullified due to lack of jurisdiction. The Court affirmed the High Court's decision that the refund should not be limited to tax paid pursuant to the assessment order alone. The appeals by the revenue were dismissed, upholding the entitlement of the assessees to the full refund.