Supreme Court of India · 2009-04-09
M/S FIFTH AVENUE vs COMMR.OF INCOME TAX
- Citation / case number
- SC 2008/33153
- Court
- Supreme Court of India
- Petitioner
- M/S FIFTH AVENUE
- Respondent
- COMMR.OF INCOME TAX
- Bench
- S.H. KAPADIA, AFTAB ALAM
Judgment text excerpt
The Supreme Court held that the High Court failed to answer a crucial question regarding the taxation of amounts allegedly paid to the managing partners of the appellant-Firm. The Court remanded this question, along with another previously remanded by the High Court, to the Assessing Officer (A.O.) for fresh consideration. The Court affirmed that the appellant must provide relevant documents to substantiate their claims regarding the receipt of the amount during the assessment year 1993-94, and ruled that the appellant cannot raise the question of limitation before the A.O.