Quick Summary
In a significant verdict, the Delhi High Court, led by Acting Chief Justice Manmohan and Justice Mini Pushkarna, has upheld the constitutional validity of Section 115BBE of the Income Tax Act. The bench emphasized that statutory acts and their provisions should not be declared unconstitutional based on speculative fears of misuse or abuse of power. The case, titled Triveni Enterprises Limited Versus ITO, involves a challenge by the petitioner/assessee against orders passed under Section 148A(
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FAQ :
The Delhi High Court upheld the constitutional validity of Section 115BBE of the Income Tax Act.
The challenge was based on the petitioner's argument that reassessment notices were issued beyond the three-year limit and that Section 115BBE itself was unconstitutional, citing speculative fears of misuse.
The court reasoned that statutory provisions should not be declared unconstitutional based on speculative fears of misuse and that the Income Tax Act provides a comprehensive mechanism for tax assessment.
The ruling reinforces the importance of adhering to established legal procedures for tax assessment and reassessment, rather than attempting to bypass them.
The case was titled 'Triveni Enterprises Limited Versus ITO', concerning assessment years 2015-16, 2016-17, and 2017-18.
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