VidhiSangh

Supreme Court of India · 16/04/2019

PR. COMMISSIONER OF INCOME TAX CENTRAL 2 versus M/S A.A. ESTATE PVT. LTD.

[2019] 6 S.C.R. 188 · 2019 INSC 544

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Summary

The Supreme Court remanded a Revenue appeal because the High Court had heard and dismissed it without formally admitting it or framing substantial questions of law under Section 260-A. Reproducing questions urged by the appellant did not satisfy the Court’s independent obligation. The Supreme Court identified three substantial questions concerning reopening, escaped assessment and the use of a document seized from another assessee, directing fresh adjudication without expressing any view on those questions’ merits.

Issues

  1. Whether reproducing the appellant’s proposed questions satisfied Section 260-A.
  2. Which substantial questions required decision on remand.

Held

Result

Appeal allowed. High Court dismissal set aside and Revenue appeal remanded for fresh merits determination of the three substantial questions formulated by the Supreme Court.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 188.