The Tax Publishers2020 TaxPub(DT) 0899 (SC) : (2020) 272 TAXMAN 0407

INCOME TAX ACT, 1961

Section 261 Section 147

Where the department preferred SLP to appeal against the judgment of Gujarat High Court in Sun Pharmaceutical Industries Ltd. v. Dy. CIT [Special Civil Application No. 2965 of 2013, dt. 29-7-2013] : 2020 TaxPub(DT) 1218 (Guj-HC), whereby the High Court held that the AO had committed no wrong in exercising his jurisdiction under sections 147 and 148. The ground on which reopening was sought, was essentially in respect of allocation of R&D expenses and the details furnished in the reasons recorded essentially were concerning allocating between SPI and SPS (Sikkim) and it was apparent from the record that SPS was not even in existence during the year under question, the Supreme Court dismissed the SLP.

Appeal (Supreme Court) - Special leave petition - Reassessment - Validity of notice under section 148--Review of order of assessment passed under section 143(3)--Allocation of R&D expenses

Department preferred SLP to appeal against the judgment of Gujarat High Court in Sun Pharmaceutical Industries Ltd. v. Dy. CIT [Special Civil Application No. 2965 of 2013, dt. 29-7-2013] : 2020 TaxPub(DT) 1218 (Guj-HC), whereby the High Court held that the AO had committed no wrong in exercising his jurisdiction under sections 147 and 148. The ground on which reopening was sought, was essentially in respect of allocation of R&D expenses and the details furnished in the reasons recorded essentially were concerning allocating between SPI and SPS (Sikkim) and it was apparent from the record that SPS was not even in existence during the year under question.Held: The Supreme Court dismissed the SLP.

REFERRED :

FAVOUR : SLP dismissed.

A.Y. :



IN THE SUPREME COURT OF INDIA

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