Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2009

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.

M/S FIFTH AVENUE vs COMMR.OF INCOME TAX · Niyam