Supreme Court of India · 2019-04-16
PR. COMMISSIONER OF INCOME TAX CENTRAL 2 vs M/S A.A. ESTATE PVT. LTD
- Citation / case number
- SC 2017/30572
- Court
- Supreme Court of India
- Petitioner
- PR. COMMISSIONER OF INCOME TAX CENTRAL 2
- Respondent
- M/S A.A. ESTATE PVT. LTD
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court upheld the decision of the Income Tax Appellate Tribunal (ITAT) which had set aside the addition of Rs.1,70,94,000 made by the Assessing Officer under Section 148 of the Income Tax Act, 1961. The Court found that the AO's notice lacked a factual foundation and did not establish a case for 'escaped assessment' as required under the Act. Consequently, the High Court's dismissal of the Revenue's appeal was affirmed, reinforcing the principle that reassessment must be based on credible material and proper reasoning.