VidhiSangh

Supreme Court of India · 25/10/2019

COMMISSIONER OF INCOME TAX (CENTRAL)-1 versus NRA IRON & STEEL PVT. LTD. MISCELLANEOUS APPLICATION NO. 814 OF 2019 IN

[2019] 13 S.C.R. 1106 · 2019 INSC 1198

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

Summary

The assessee company sought recall of an ex parte Supreme Court judgment, asserting lack of service at its registered office. Notice had been accepted by its chartered accountant, who held a power of attorney for the assessment proceedings. The Court found service valid and the explanations for non-appearance unconvincing, and dismissed recall.

Issues

  1. Whether service on the company’s authorised chartered accountant and power-of-attorney holder was sufficient.
  2. Whether the explanations for non-appearance justified recall of the judgment.

Provisions considered

Held

Result

Recall application dismissed without costs. The judgment of 5 March 2019 remained undisturbed; the tax merits were not reconsidered in this application.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 1106.