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Supreme Court of India · 2018-04-24

INCOME TAX OFFICER WARD NO.16(2) vs M/S TECHSPAN INDIA PRIVATE LTD.(FORMERLY KNOWN AS M/S. TECHSPAN INDIA LTD.) THROUGH ITS MANAGING DIR

Citation / case number
SC 2006/22075
Court
Supreme Court of India
Petitioner
INCOME TAX OFFICER WARD NO.16(2)
Respondent
M/S TECHSPAN INDIA PRIVATE LTD.(FORMERLY KNOWN AS M/S. TECHSPAN INDIA LTD.) THROUGH ITS MANAGING DIR
Author
HON'BLE MR. JUSTICE R.K. AGRAWAL
Bench
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R.K. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the notice issued under Section 148 of the Income Tax Act, 1961, and the subsequent re-assessment order. The Court found that the re-opening of the completed assessment was unjustified as the original assessment had been duly completed and the deduction under Section 10A was correctly allowed. The Court emphasized that the Assessing Officer must have valid grounds to initiate re-assessment proceedings, which were not present in this case, leading to the dismissal of the Revenue's appeal.

INCOME TAX OFFICER WARD NO.16(2) vs M/S TECHSPAN INDIA PRIVATE LTD.(FORMERLY KNOWN AS M/S. TECHSPAN INDIA LTD.) THROUGH ITS MANAGING DIR · Niyam