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april 2004

Supreme Court of India · 2004-04-16

COMNR. OF INCOME TAX, CHANDIGARH vs M/S.PEARL MECH.ENGG.&FOUNDRY WORKS P.LTD

Citation / case number
SC 2000/3193
Court
Supreme Court of India
Petitioner
COMNR. OF INCOME TAX, CHANDIGARH
Respondent
M/S.PEARL MECH.ENGG.&FOUNDRY WORKS P.LTD
Author
G.P. MATHUR
Bench
G.P. MATHUR S. RAJENDRA BABU

Judgment text excerpt

The Supreme Court held that the service of notice under Section 269D(2) of the Income Tax Act, 1961 prior to the publication of the notice in the official gazette under Section 269D(1) renders the entire acquisition proceedings illegal and without jurisdiction. The Court affirmed the High Court's decision that such service is meaningless and an exercise in futility, thus upholding the order of the Income Tax Appellate Tribunal which set aside the acquisition. The judgment clarifies the procedural requirements for valid acquisition under Chapter XXA of the Income Tax Act.

COMNR. OF INCOME TAX, CHANDIGARH vs M/S.PEARL MECH.ENGG.&FOUNDRY WORKS P.LTD · Niyam