Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Act 1961 Scope of ss. 246(1)(a) and 246A(1)(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 Dismissed |
Headnote | Income Tax Act, 1961: ss. 246(1)(a) and 246A(1)(a) – Scope of – Held: Scope of the provisions cannot be confined to the issues arising out of or touching upon assessment proceedings u/ss. 143 of 144 of Income Tax Act – Determination u/s. 115QA of the Act would also get covered under s. 246(1)(a). s. 115QA – Assessment order – Liability u/s. 115QA – Denied by assessee – Writ petition challenging assessment order – Petition disposed of by High Court on the ground that the same could not be entertained due to availability of alternate remedy u/s. 246-A of the Act – Appeal to Supreme Court – Held: An appeal is maintainable against determination of liability u/s. 115QA – Hence petition u/Art. 226 of the Constitution was rightly not entertained. Practice and Procedure : Petition u/Art. 226 of the Constitution – Preliminary objection as to its maintainability – Notice issued without rejecting preliminary objection which was later made absolute – After completion of pleadings, petition disposed of as not entertainable on the ground of availability of alternative remedy – Plea that preliminary issues are decided at the threshold and once that stage is crossed, High Court could not have considered the preliminary issue – Held: In the present case preliminary issue was not dealt with and disposed of and the same was still at large – Therefore, there is no infirmity in the approach adopted by the High Court in deciding the preliminary issue. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 1277 |
Petitioner | Genpact India Private Limited |
Respondent | Deputy Commissioner Of Income Tax & Anr. |
SCR | [2019] 17 S.C.R. 139 |
Judgement Date | 2019-11-22 |
Case Number | 8945 |
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