VidhiSangh

Supreme Court of India · 26/03/2019

THE COMMISSIONER OF INCOME TAX, NEW DELHI versus RAM KISHAN DASS

[2019] 5 S.C.R. 25 · 2019 INSC 400

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Summary

The Supreme Court held that even before the 2008 amendment to Section 142(2C) of the Income Tax Act, an assessing officer could extend the time for a special-audit report without an assessee’s application, within the aggregate 180-day ceiling. Inserting an express suo motu power clarified the earlier provision. The extended audit-report deadline governed the relevant exclusion from assessment limitation. The contrary Delhi High Court ruling was overruled and the matters restored to the designated appellate authorities for merits decisions.

Issues

  1. Whether the pre-April 2008 provision permitted extension without an assessee’s application.
  2. Whether the amendment was clarificatory and how extension affected assessment limitation.

Provisions considered

Held

Result

Contrary Delhi High Court ruling overruled. Matters restored, as specified in the order, to the Commissioner (Appeals) or Income Tax Appellate Tribunal for merits decisions. No costs.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 25.