Notice u/s. 148 can be issued on a company registered anywhere in respect of income earned in India

Notice to company registered in Sikkim – A notice under section 148 can be validly issued on a company, if it is in respect of income which is stated to have arisen in India, even though the registered office of the company is situated in Sikkim – Alankar Commercial (P.) Ltd. v. ACIT [2000] 244 ITR 31 (SC).

[2000] 244 ITR 31 (SC)

SUPREME COURT OF INDIA

Alankar Commercial Pvt. Ltd.

v.

Assistant Commissioner of Income-tax

B.N.KIRPAL AND S. RAJENDRA BABU, JJ.

SPECIAL LEAVE TO APPEAL (CIVIL) NO. 17435 OF 1999

DECEMBER 6, 1999

JUDGMENT

It is contended that Sikkim was not a part of India and at that time the Income-tax Act was not applicable in respect of the assessment year for which notice was served at New Delhi. Learned counsel for the petitioner relies upon the decision of this court in State of Sikkim v. Surendra Prasad Sharma [1994] AIR 1994 SC 2342.

The aforesaid decision in Surendra Prasad Sharma’s case [1994] AIR 1994 SC 2342, related to the employees employed in a company in Sikkim and the question which arose there was whether the Indian law applied or not. The question of applicability of the Income-tax Act did not arise in that case, therefore, the said decision has no relevance. The Indian Income-tax Act, inter alia, taxes income which accrues or arises in India. It is immaterial whether the petitioner company has its head office in Sikkim or may be carrying on business activities there. The impugned notice under section 148 of the Income-tax Act has been issued in relation to the income which is stated to have arisen in India and this can be done even if the petitioner has a company registered in Sikkim. The decision of the High Court calls for no interference.

The petition for special leave is dismAissed.