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may 2003

Supreme Court of India · 2003-05-08

Commissioner of Income Tax, Bhopal vs M/s. Shelly Products and another

Citation / case number
SC 1997/62050
Court
Supreme Court of India
Petitioner
Commissioner of Income Tax, Bhopal
Respondent
M/s. Shelly Products and another
Author
B.P. SINGH
Bench
B.P. SINGH N. SANTOSH HEGDE

Judgment text excerpt

The Supreme Court upheld the High Court's decision that 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, as per Section 143(3) and Section 144B of the Income Tax Act. The Court clarified that the refund is not limited to taxes paid pursuant to the assessment order, but includes all taxes paid in advance. The ruling affirms the principle that taxpayers should not be penalized for jurisdictional errors in assessments.

Commissioner of Income Tax, Bhopal vs M/s. Shelly Products and another · Niyam