NDLI: Rajasthan State Electricity Board Vs. The Dy. Commissioner of Income Tax (assessment) & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Income Tax Act 1961 Additional tax ss. 32(2) and 143 (I-A)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Income Tax Act, 1961 (43 of 1961)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Income Tax Act, 1961: ss. 32(2) and 143 (I-A) – Additional tax – Levy of – Propriety – Assessee claiming 100% depreciation – As per amended s. 32(2) since the depreciation was restricted only upto 75%, Assessing Officer restricted the depreciation to 75% – Additional tax u/s. 143(I-A) imposed – Assessee’s application for rectification of demand was rejected – Revision Petition against the demand of additional tax was also dismissed – In Writ Petition filed by the assessee, levy of additional tax was quashed by Single Judge of High court – In special appeal, Division Bench upheld the levy – Appeal to Supreme Court – Held: Object of s. 143(I-A) was prevention of evasion of tax and can be invoked only when found that lesser amount stated in the return is a result of an attempt to evade tax lawfully by the assessee – Depreciation was restricted to 75% after amendment of the Act by Taxation Laws (Amendment) Act, 1991 – The return in the present case was filed by the assessee prior to the date when the Amendment Act of 1991 came into operation – 100% depreciation was claimed by the assessee due to bonafide mistake – Burden of proving assessee’s attempt to evade tax, is on the Revenue – In the present case Revenue failed to discharge such burden – Therefore, in the facts of the present case, provisions of s. 143 (I-A) are not applicable and hence demand of additional tax set aside. Interpretation of Statutes: Interpretation of Taxing Statute – Held: While interpreting a taxing statute, the purpose and object for which the statute have been enacted cannot be lost sight.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2020 INSC 313
Petitioner	Rajasthan State Electricity Board
Respondent	The Dy. Commissioner Of Income Tax (assessment) & Anr.
SCR	[2020] 4 S.C.R. 995
Judgement Date	2020-03-12
Case Number	8590

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Rajasthan State Electricity Board Vs. The Dy. Commissioner of Income Tax (assessment) & Anr.

Please Log-in to view this content

Commissioner of Income Tax, Shillong Vs. Jai Prakash Singh

M/s Dalmia Power Limited & Anr. Vs. The Assistant Commissioner of Income Tax Circle 1, Trichy

Godrej & Boyce Manufacturing Company Limited Vs. Dy. Commissioner of Income-tax & Anr.

Rajasthan R.s.s. & Ginning Mills Fed. Ltd. Vs. Dy. Commissioner of Income Tax, Jaipur

Rajasthan State Warehousing Corporation Vs. Commissioner of Income Tax

Commissioner of Income Tax Vs. Laxman Das Khandelwal

The Commissioner of Income-tax, Madras Vs. Urmila Ramesh

Commissioner of Income Tax, Meerut and Anr. Vs. M/s. Hyundai Heavy Industries Co. Ltd

M/s. Jaipur Udyog Ltd. & Anr. Vs. Commissioner of Income-tax, Delhi, Rajasthan and Another

Rajasthan State Electricity Board Vs. The Dy. Commissioner of Income Tax (assessment) & Anr.

Rajasthan State Electricity Board Vs. The Dy. Commissioner of Income Tax (assessment) & Anr.

Please Log-in to view this content

Similar Documents

Commissioner of Income Tax, Shillong Vs. Jai Prakash Singh

M/s Dalmia Power Limited & Anr. Vs. The Assistant Commissioner of Income Tax Circle 1, Trichy

Godrej & Boyce Manufacturing Company Limited Vs. Dy. Commissioner of Income-tax & Anr.

Rajasthan R.s.s. & Ginning Mills Fed. Ltd. Vs. Dy. Commissioner of Income Tax, Jaipur

Rajasthan State Warehousing Corporation Vs. Commissioner of Income Tax

Commissioner of Income Tax Vs. Laxman Das Khandelwal

The Commissioner of Income-tax, Madras Vs. Urmila Ramesh

Commissioner of Income Tax, Meerut and Anr. Vs. M/s. Hyundai Heavy Industries Co. Ltd

M/s. Jaipur Udyog Ltd. & Anr. Vs. Commissioner of Income-tax, Delhi, Rajasthan and Another

Rajasthan State Electricity Board Vs. The Dy. Commissioner of Income Tax (assessment) & Anr.