VidhiSangh

Supreme Court of India · 19/03/2020

RAJASTHAN STATE ELECTRICITY BOARD versus THE DY. COMMISSIONER OF INCOME TAX (ASSESSMENT) & ANR.

[2020] 4 S.C.R. 995 · 2020 INSC 313

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Summary

The Supreme Court quashed additional income tax imposed after a bona fide excessive depreciation claim reduced the assessee’s declared loss. Although the retrospective amendment to Section 143(1-A) covered loss reductions, its application required an attempt to evade lawfully payable tax, with that burden on the Revenue. No such attempt was alleged or established; the authorities had instead treated every adjustment as automatically attracting the levy.

Issues

  1. Whether the depreciation adjustment justified additional tax under Section 143(1-A).
  2. Whether that provision could be applied mechanically to a bona fide mistake reducing a returned loss.

Provisions considered

Held

Result

Appeal allowed; Division Bench judgment and additional-tax demand dated 12 February 1992, as amended on 28 February 1992, set aside.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 995.