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october 2019

Supreme Court of India · 2019-10-18

PRINCIPAL COMMISSIONER OF INCOME TAX. 6 vs M/S I VEN INTERACTIVE LTD.

Citation / case number
SC 2018/45835
Court
Supreme Court of India
Petitioner
PRINCIPAL COMMISSIONER OF INCOME TAX. 6
Respondent
M/S I VEN INTERACTIVE LTD.
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MS. JUSTICE INDIRA BANERJEE, HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming the orders of the C.I.T (Appeals) and I.T.A.T, which quashed the assessment order for the Assessment Year 2006-07. The Court found that the assessment under Section 143(3) of the Income Tax Act, 1961 was invalid due to lack of valid jurisdiction as the notices under Sections 143(2) and 142(1) were not properly served within the limitation period. The Court emphasized that the failure to serve notices at the correct address rendered the assessment order bad in law, thus dismissing the Revenue's appeal.

PRINCIPAL COMMISSIONER OF INCOME TAX. 6 vs M/S I VEN INTERACTIVE LTD. · Niyam