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2019 (1) TMI 415 - SC - Income TaxAddition u/s 56(2)(viia) - reopening of assessment - CBDT (Central Board of Direct Taxes) Circular No.10/2018 dated 31st December, 2018, which pertained to the clarification issued in respect of applicability of Section 56(2)(viia) as well as another Circular No.2/2019 dated 4th January, 2019, vide which Circular No.10/2018 dated 31st December, 2018 has been withdrawn by the CBDT - Since these circulars are not part of the record, Mr. Tushar Mehta submits that the appropriate course of action is to file these circulars supported by an affidavit and also to state the purpose for which the circulars have been referred to and relied upon - Held that - Mr. P. Chidambaram wants and is granted one week s time to file the affidavit along with documents. Response thereto can be filed within one week thereafter. List on 29.1.2019. Interim order passed on 4.12.2018 to continue in the meantime.
Issues:
Assessment order service and effect, CBDT circulars applicability, filing of affidavit and documents. Assessment Order Service and Effect: The Supreme Court was informed that the Assessing Officer had passed the assessment order, served it on the petitioners along with the demand, but it had not been given effect to as per the statement in the order itself. The learned Solicitor General of India representing the respondents confirmed this during the proceedings. CBDT Circulars Applicability: During arguments, a senior counsel for one of the petitioners referred to two CBDT Circulars: Circular No.10/2018 dated 31st December, 2018, and Circular No.2/2019 dated 4th January, 2019. The first circular pertained to the clarification on the applicability of Section 56(2)(viia) of the Income Tax Act, 1961. However, the second circular withdrew the first one. As these circulars were not part of the record, the respondents suggested filing them supported by an affidavit to explain the purpose for which they were referred to and relied upon. Filing of Affidavit and Documents: The respondents proposed filing the circulars along with an affidavit to clarify their relevance to the case. The senior counsel for the petitioner was granted one week to file the affidavit and documents, with a provision for the response to be filed within a week thereafter. The matter was listed for further proceedings on a specified date, with the interim order from a previous date to continue in the meantime.
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