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Income Tax Reassessment | S. 292BB Cannot Cure Absence Of S.143(2) Notice Even If Assessee Participated : Supreme Court

The Supreme Court on Wednesday (28 October) has held that a notice under Section 143(2) of the Income Tax Act, 1961 is mandatory for reassessment proceedings under Section 147, and that Section 292BB cannot save a reassessment where the Revenue Authority admittedly never issued such a notice. This holds even if the assessee participated and cooperated in the proceedings.A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva dismissed the appeals filed by the Revenue Authority, upholding...

Supreme Court Upholds Conviction Of Former Sub Registrar In Disproportionate Assets Case

The Supreme Court upheld the conviction of a former Sub-Registrar under the Prevention of Corruption Act, 1988 (PC Act) for possessing assets disproportionate to his known sources of income. It also held that once the prosecution establishes the disproportion with reference to known sources of income, the burden squarely rests on the accused to show that the assets were acquired from lawful sources.A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva held so while dismissing the appeal...

Section 482 of the CrPC | Cheque Bounce Case | Time-Barred Debt | Appellate Court

The Supreme Court on Thursday (October 29) clarified that its May 2026 judgment in M/s Mansi Finance (Chennai) Ltd. v. M. Lalitha & Ors. should not be understood as having laid down a pan-India precedent that unlicensed money lenders can maintain complaints under Sections 138 and 141 of the Negotiable Instruments Act, 1881 over loans advanced against negotiable instruments.The Court stated that the May judgment dealt with only the Tamil Nadu Money Lenders Act. Moneylenders in Maharashtra...

[Arbitration and Conciliation Act, 1996] Arbitral Award Cannot Be Set Aside Merely On The Ground Of Erroneous Application Of Law Or By Misappreciation Of Evidence : Supreme Court

The Supreme Court has reiterated that an arbitral tribunal cannot rewrite the parties' contract or grant relief contrary to its terms. A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva heard the dispute that arose from a property development transaction between the parties. The matter was referred to arbitration, where the majority of the arbitral tribunal granted relief in favour of the respondents, including specific performance. The arbitral award was challenged before the...

S.29A Arbitration Act | Tribunals Mandate Can Be Extended Even After Expiry Of Statutory Period And Passing Of Award : Supreme Court

The Supreme Court has held that an application under Section 29A (5) of the Arbitration and Conciliation Act, 1996, seeking an extension of an arbitral tribunal's mandate is maintainable even after the statutory time limit has expired and an award has been rendered in the meantime. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar clarified that if the mandate is extended,...

Income Tax | Reassessment Proceedings Cant Be Done If Notice Under S.143(2) Wasnt Issued : Supreme Court

The Supreme Court has held that the Revenue's failure to serve a notice under Section 143(2) of the Income Tax Act on an assessee would render the reassessment proceedings vitiated. “A notice under Section 143(2) of the Act is mandatory, as it grants the Assessee an opportunity to produce or cause to be produced any evidence or particulars based on which the Assessee claims relief. A...