Supreme Court of India · 2018-01-31
Commissioner Of Income Tax 5 Mumbai vs M/S. Essar Teleholdings Ltd. Through ...
- Citation / case number
- AIR 2018 SUPREME COURT 1116
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Income Tax 5 Mumbai
- Respondent
- M/S. Essar Teleholdings Ltd. Through ...
- Author
- Ashok Bhushan
- Bench
- Ashok Bhushan, A.K. Sikri
Judgment text excerpt
The Supreme Court ruled that under Section 37 of the Income Tax Act, the Commissioner of Income Tax has the authority to revise orders passed by subordinate authorities if they are erroneous and prejudicial to the interests of the revenue. The Court emphasized that the exercise of this power must be based on a clear finding of error, and the principles of natural justice must be adhered to. The appeal was allowed, setting aside the High Court's decision that had quashed the revision order of the Commissioner.