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january 2008

Supreme Court of India · 2008-01-22

M/S. ANIS AHMAD & SONS vs COMMNR. OF INCOME TAX, KANPUR

Citation / case number
SC 2005/2711
Court
Supreme Court of India
Petitioner
M/S. ANIS AHMAD & SONS
Respondent
COMMNR. OF INCOME TAX, KANPUR
Author
Lokeshwar Singh Panta
Bench
LOKESHWAR SINGH PANTA P. P. NAOLEKAR

Judgment text excerpt

The Supreme Court upheld the Income Tax Appellate Tribunal's decision to remand the assessment order back to the Assessing Officer for a fresh examination of the appellant's accounts under Section 143(3) of the Income Tax Act, 1961. The Court clarified that the appellant, a commission agent, was incorrectly assessed as a trader, which significantly impacted the tax liability. The Court emphasized the necessity of proper scrutiny and opportunity for the appellant to present its case, thereby reinforcing the principles of natural justice in tax assessments.

M/S. ANIS AHMAD & SONS vs COMMNR. OF INCOME TAX, KANPUR · Niyam