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april 2008

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.

M/S. Kvaverner John Brown ... vs Assistant Commissioner Of Income Tax, ... · Niyam