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december 2019

Supreme Court of India · 2019-12-18

M/S Dalmia Power Ltd. vs The Assistant Commissioner Of Income ...

Citation / case number
AIRONLINE 2019 SC 1924
Court
Supreme Court of India
Petitioner
M/S Dalmia Power Ltd.
Respondent
The Assistant Commissioner Of Income ...
Author
Indu Malhotra
Bench
Indu Malhotra, Uday Umesh Lalit

Judgment text excerpt

The Supreme Court ruled that the Income Tax Department must allow the assessee companies to file revised Income Tax Returns for the Assessment Year 2016-2017 despite the expiration of the due date under Section 139(5) of the Income Tax Act, 1961. The Court established that the pendency of amalgamation proceedings under Sections 230-232 of the Companies Act, 2013 justified the late filing. Consequently, the Court held that the revised returns filed by the appellants were valid and should be accepted by the Department.

M/S Dalmia Power Ltd. vs The Assistant Commissioner Of Income ... · Niyam