VidhiSangh

Supreme Court of India · 04/10/2017

COMMISSIONER OF TRADE AND TAXES AND ORS. versus MIS AHLUWALIA CONTRACTS (INDIA) LTD.

[2017] 10 S.C.R. 50 · 2017 INSC 998

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An Additional Commissioner reopened declarations under Delhi’s 2013 tax amnesty scheme without delegated authority. The Court agreed that his notice was unauthorised, but permitted a fresh notice by the competent authority despite the ordinary one-year limit. The assessees had withheld the jurisdictional objection until after that period, although a timely objection would have allowed correction.

Issues

  1. Whether authority to dispose of amnesty declarations included the Commissioner’s separate reopening power.
  2. Whether the one-year notice limit prevented fresh proceedings after the original unauthorised notice was challenged.

Provisions considered

Held

Result

Revenue appeals allowed and High Court order set aside, with liberty to issue a fresh Clause 8 notice through competent authority; the original Additional Commissioner’s lack of authority was confirmed.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 50.