Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Sunday, 08 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2016-04-19 allowed

P.G. & W. Sawoo Pvt. Ltd. & Anr vs Assistant Commissioner of Income Tax & Ors

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

This appeal concerns whether a notice to reopen a concluded tax assessment is valid when the taxable income in question did not actually accrue during that assessment year. The premises belonged to the appellant and was leased to the Government of India. Although rent was enhanced with retrospective effect to September 1987, the enhancement was formally granted only in March 1994. The Court held that income accrues only when the assessee acquires a right to receive it. Despite the retrospective nature of the enhancement, the right was created only in 1994, not in the 1989-90 assessment year. Therefore, the notice to reopen that year's assessment was issued without jurisdiction and was set aside.

The lawyer headnote and full judgment text are available to registered users.

Income Tax Assessment and Reassessment Tax Jurisdiction Accrual of Income House Property Income

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login