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Supreme Court of India · 2008-04-11

M/S SAHARA INDIA (FIRM) LUCKNOW vs COMMNR. OF INCOME TAX, CENTRAL-I

Citation / case number
SC 2006/31443
Court
Supreme Court of India
Petitioner
M/S SAHARA INDIA (FIRM) LUCKNOW
Respondent
COMMNR. OF INCOME TAX, CENTRAL-I
Author
B.N. AGRAWAL,P.P. NAOLEKAR,D.K. JAIN
Bench
B.N. AGRAWAL,P.P. NAOLEKAR,D.K. JAIN

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 142(2A) of the Income Tax Act, 1961, regarding the necessity of a pre-decisional hearing before ordering a special audit. The Court doubted the absolute requirement for a hearing as established in Rajesh Kumar & Ors. Vs. Deputy Commissioner of Income Tax & Ors., clarifying that while principles of natural justice are important, they do not mandate an elaborate hearing in every case. The matter was referred to a larger bench for further clarification on this legal principle.

M/S SAHARA INDIA (FIRM) LUCKNOW vs COMMNR. OF INCOME TAX, CENTRAL-I · Niyam