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february 2010

Supreme Court of India · 2010-02-02

ASSTT.COMMR.OF INCOME TAX vs M/S HOTEL BLUE MOON

Citation / case number
SC 2007/23335
Court
Supreme Court of India
Petitioner
ASSTT.COMMR.OF INCOME TAX
Respondent
M/S HOTEL BLUE MOON

Judgment text excerpt

The Supreme Court held that the issuance of notice under Section 143(2) of the Income Tax Act, 1961 is mandatory for block assessments under Chapter XIV-B when assessing undisclosed income detected during a search under Section 132. The Court disagreed with the Appellate Tribunal's view that non-issuance of such notice is merely a procedural irregularity. The High Court's ruling was affirmed, establishing that the mandatory application of Sections 142 and 143(2) is essential for valid assessments under the Act.

ASSTT.COMMR.OF INCOME TAX vs M/S HOTEL BLUE MOON · Niyam