Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1950

Supreme Court of India · 1950-05-09

COMMISSIONER OF AGRICULTURALINCOME-TAX, BENGAL vs SRI KESHAB CHANDRA MANDAL

Citation / case number
SC 1949/14
Court
Supreme Court of India
Petitioner
COMMISSIONER OF AGRICULTURALINCOME-TAX, BENGAL
Respondent
SRI KESHAB CHANDRA MANDAL
Bench
FAZAL ALI, SAIYID,SASTRI, M. PATANJALI,MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,DAS, SUDHI RANJAN

Judgment text excerpt

The Supreme Court ruled that under the Bengal Agricultural Income-tax Act, 1944, a return must be signed by the individual assessee themselves, and a return signed by an illiterate assessee through their son does not constitute a valid signature. The Court held that the Act and its rules explicitly exclude the common law principle of 'qui facit per alium facit per se' in this context. Consequently, the High Court's affirmation of the return's validity was reversed, establishing that the return was improperly signed and invalid.

COMMISSIONER OF AGRICULTURALINCOME-TAX, BENGAL vs SRI KESHAB CHANDRA MANDAL · Niyam