Supreme Court of India · 2008-04-29
M/S. Kvaverner John Brown ... vs Assistant Commissioner Of Income Tax, ...
- Citation / case number
- AIRONLINE 2008 SC 123
- Court
- Supreme Court of India
- Petitioner
- M/S. Kvaverner John Brown ...
- Respondent
- Assistant Commissioner Of Income Tax, ...
- Bench
- S.H. Kapadia, B. Sudershan Reddy
Judgment text excerpt
The Supreme Court held that the appellant-assessee was not liable to pay additional tax under Section 143(1)(a) and Section 143(1A) of the Income-tax Act, 1961 for the assessment years 1996-97 and 1997-98. The Court found that the issue of whether the eligible income should be taken at the gross or net figure involved a question of interpretation, which could not be resolved through prima facie adjustments under Section 143(1)(a) due to conflicting judgments on Section 80-O. Consequently, the Court set aside the impugned judgment and allowed the civil appeals with no order as to costs.