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Read Judgment on Due Service of Notice Read Judgment on Due Service of Notice

Bronze medal Reporter Adv.vrinda Posted 31 Oct 2019
Read Judgment on Due Service of Notice

The plea seeking to recall an ex-parte order citing the reason that if in-person notice was served to the company’s Chartered Accountant ( CA )has rejected by the Supreme Court of India. The order was passed by a bench comprising Justices U U Lalit and Indu Malhotra in the case Principal Commissioner of Income Tax (Central) - I vs NRA Iron and Steel Pvt Ltd.The company filed an application to recall a judgment passed against it on March 5, 2019, in an appeal filed by the Income Tax Department. The company stated that the notice on the appeal was not served on it at its registered office. Rather, the notice was served on its Chartered Accountant one Mr. Sanjeev Narayanan.

The company further said that it got to know about the judgment only from a news report in the Economic Times daily. The department, on the other hand, submitted that the notice was duly served on Mr. Sanjeev Narayan at his office address, in his capacity as the authorized representative of the company. The CA was holding a Power of Attorney of the company for the Assessment Year 2009 – 10, pointed out the department. The department further stated that the Chartered Accountant had represented the company in the proceedings before the department. The Court added that it was difficult to accept the CA's contention that he mistook the notice from the SC to be documented from the IT department. Read more legal Judgments in India...

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