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| The Tax Publishers2019 TaxPub(DT) 8044 (SC) : (2020) 269 TAXMAN 0577 FINANCE TAX ACT, 1961
Section 261, 193 & 183
Where the assessee preferred SLP to appeal against the judgment of Delhi High Court in Ankush Jain v. Pr. CIT [W.P. (C) Nos. 6541/2017 and 6543/2017, dt. 21-8-2019] : 2019 TaxPub(DT) 5341 (Del-HC), whereby the High court held that where jurisdictional Pr. CIT/CIT finds a declaration to be based on such misrepresentation or suppression of facts, he would not be precluded from holding declaration itself to be void in terms of section 193 of Finance Act, 2016 and there is no provision as such in IDS to afford declarant a hearing prior to passing an order holding such declaration to be void for being in contravention of section 193 of said Act, the supreme court dismissed the SLP.
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Appeal (Supreme Court) - Special leave petition - Income Declaration Scheme - Order passed under section 183 holding declaration to be void--Misrepresentation and suppression of facts
Assessee preferred SLP to appeal against the judgment of Delhi High Court in Ankush Jain v. Pr. CIT [W.P. (C) Nos. 6541/2017 and 6543/2017, dt. 21-8-2019] : 2019 TaxPub(DT) 5341 (Del-HC), whereby the High Court held that where jurisdictional Pr. CIT/CIT finds a declaration to be based on such misrepresentation or suppression of facts, he would not be precluded from holding declaration itself to be void in terms of section 193 of Finance Act, 2016 and there is no provision as such in IDS to afford declarant a hearing prior to passing an order holding such declaration to be void for being in contravention of section 193 of said Act.Held: The Supreme Court dismissed the SLP.
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