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february 2004

Supreme Court of India · 2004-02-16

Prakash Nath Khanna & Anr vs Commissioner Of Income Tax And Anr

Citation / case number
AIR 2004 SUPREME COURT 4552
Court
Supreme Court of India
Petitioner
Prakash Nath Khanna & Anr
Respondent
Commissioner Of Income Tax And Anr
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 276-CC of the Income Tax Act, 1961, determining that the phrase 'to furnish in due time' refers to the time permissible under the Act. The Court held that if a return is filed before assessment, it should be considered as filed in due time, thus Section 276-CC is not applicable. The Court upheld the High Court's dismissal of the writ petitions challenging the legality of proceedings initiated against the appellants for late submission of income tax returns.

Prakash Nath Khanna & Anr vs Commissioner Of Income Tax And Anr · Niyam