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| The Tax Publishers2019 TaxPub(DT) 7927 (SC) INCOME TAX ACT, 1961,
Section 261 Section 147 & 292BB
Where the Department preferred SLP to appeal against the judgment of Gujarat High Court in Pr. CIT v. Marck Biosciences Ltd. [R/Tax Appeal No. 1374 of 2018, dt. 4-2-2019] : 2019 TaxPub(DT) 2620 (Guj-HC), whereby the High Court held that non-issuance of notice under section 143(2) was not a mere procedural irregularity, the same could not be cured under section 292BB and hence, assessment order passed without issuance of notice under section 143(2) was invalid, the Supreme Court dismissed the SLP on the ground of low tax effect.
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Appeal (Supreme Court) - Special leave petition - Non-issuance of section 143(2) notice - Applicability of section 292BB
Department preferred SLP to appeal against the judgment of Gujarat High Court in Pr. CIT v. Marck Biosciences Ltd. [R/Tax Appeal No. 1374 of 2018, dt. 4-2-2019] : 2019 TaxPub(DT) 2620 (Guj-HC), whereby the High Court held that non-issuance of notice under section 143(2) was not a mere procedural irregularity, the same could not be cured under section 292BB and hence, assessment order passed without issuance of notice under section 143(2) was invalid. Held: The Supreme Court dismissed the SLP on the ground of low tax effect.
REFERRED :
FAVOUR : SLP dismissed
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