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january 2013

Supreme Court of India · 2013-01-14

THE ASSTT. COMMISSIONER OF INCOME TAX vs M/S. A.R. ENTERPRISES

Citation / case number
SC 2005/5979
Court
Supreme Court of India
Petitioner
THE ASSTT. COMMISSIONER OF INCOME TAX
Respondent
M/S. A.R. ENTERPRISES
Author
D.K. JAIN
Bench
D.K. JAIN,H.L. DATTU,JAGDISH SINGH KHEHAR

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 158BD and Section 158BB of the Income Tax Act, 1961, holding that the Assessing Officer must provide reasons for satisfaction before initiating proceedings under Section 158BD. The Court affirmed the Tribunal's decision that the payment of advance tax by the assessee constituted disclosure of income for the assessment year 1995-96, thus invalidating the action taken by the Assessing Officer. The appeals by the revenue were dismissed, upholding the Tribunal's ruling in favor of the assessee.

THE ASSTT. COMMISSIONER OF INCOME TAX vs M/S. A.R. ENTERPRISES · Niyam