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april 1958

Supreme Court of India · 1958-04-28

COMMISSIONER OF INCOME-TAX, BOMBAY vs M/S. AMRITLAL BHOGILAL & CO.

Citation / case number
SC 1955/72
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, BOMBAY
Respondent
M/S. AMRITLAL BHOGILAL & CO.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that under Section 33B(1) of the Indian Income-tax Act, 1922, the Commissioner has the authority to cancel the registration of a firm granted by the Income-tax Officer, as such orders are not appealable before the Appellate Assistant Commissioner. The Court clarified that the principle of merger does not apply to registration orders, allowing the Commissioner to exercise his revisional powers. However, the Commissioner cannot set aside assessment orders while exercising this jurisdiction, as his intent was to direct consequential amendments rather than annul the assessments themselves.

COMMISSIONER OF INCOME-TAX, BOMBAY vs M/S. AMRITLAL BHOGILAL & CO. · Niyam