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.