2003-VIL-21-SC-DT

Equivalent Citation: [2003] 264 ITR 468 (SC)

Supreme Court of India

Date: 28.08.2003

APPROPRIATE AUTHORITY OF INCOME-TAX

Vs

JAGDISH ELECTRICIANS INDIA P. LTD. AND OTHERS

BENCH

Judge(s)  : S. RAJENDRA BABU. and G. P. MATHUR.

JUDGMENT

The High Court in a proceeding that arose under Chapter XX-C of the Income-tax Act, 1961, for compulsory purchase of certain immovable property on being challenged held (see [2000] 242 ITR 326 (Bom)) that the show cause notice issued was too vague and did not disclose the reasons thereof nor the material considered by the appropriate authority in reaching a tentative conclusion was disclosed and, therefore, the whole proceedings stood vitiated and thereby quashed the said notice. In doing so, the High Court adverted to the decision in C. B. Gautam v. Union of India [1993] 199 ITR 530 and also other two decisions in Writ Petition No. 1918 of 1993, Shreyas Builders v. M. D. Kodnani and Writ Petition No. 2818 of 1994, Laxman Ganesh Tulshibaughwala v. M. D. Kodnani [2000] 242 ITR 320 (Bom) and followed the same. The latter two matters had been brought up before this court and special leave petitions stood dismissed. In that view of the matter, we do not find any merit in these appeals and the same stand dismissed accordingly.

 

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