Supreme Court · 1998 INSC 162 · Decided 30 March 1998
The Coca-Cola Export Corporation v. Income Tax Officer and ANR.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 162 · [1998] 2 S.C.R. 528
- Case number
- CIVIL APPEAL No. 4074/1985
- Decided
- 30 March 1998
- Bench
- SUJATA V. MANOHAR, D.P. WADHWA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 147, 148
Headnote
Income Tax Act, 1961--Section 147-Reopening of-Income escaping assessment-Assessee a non-resident company-Remitting pro-rated home office expenses and service charges in U.S. Dollars-Letters issued by C Government of India placing ceiling on such remittance under FERA­ Remittances qf the branches-Allowed to the extent of 80% of total export earnings--Such letters issued made basis of issuance of notice under Section 147 of the Act--Held, such letters cannot constitute information for D initiating re-assessment of proceedings. Re-assessment-- Notice under Section 148 of Income
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