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january 2008

Supreme Court of India · 2008-01-29

M/S. K.C.C. SOFTWARE LTD. vs DIRECTOR OF INCOME TAX (INV.) .

Citation / case number
SC 2007/5385
Court
Supreme Court of India
Petitioner
M/S. K.C.C. SOFTWARE LTD.
Respondent
DIRECTOR OF INCOME TAX (INV.) .
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the legality of restraint orders issued under Section 132(3) of the Income Tax Act, 1961, holding that the authorities must provide an opportunity for the affected parties to present their case before such orders are enforced. The Court emphasized that failure to verify the claims made by the appellants regarding the disclosure of bank accounts in their books of account constituted a violation of principles of natural justice. Consequently, the restraint orders were deemed invalid, and the appeal was allowed, setting aside the High Court's dismissal of the writ petitions.

M/S. K.C.C. SOFTWARE LTD. vs DIRECTOR OF INCOME TAX (INV.) . · Niyam