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.