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november 1958

Supreme Court of India · 1958-11-19

BASHESHAR NATH vs THE COMMISSIONER OF INCOME-TAX,DELHI & RAJASTHAN & ANOTHER

Citation / case number
SC 1958/122
Court
Supreme Court of India
Petitioner
BASHESHAR NATH
Respondent
THE COMMISSIONER OF INCOME-TAX,DELHI & RAJASTHAN & ANOTHER
Author
DAS, SUDHI RANJAN (),BHAGWATI, NATWARLAL H.,DAS, S.K.,KAPURL.,SUBBARAO, K.
Bench
DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,DAS, S.K.,KAPUR, J.L.,SUBBARAO, K.

Judgment text excerpt

The Supreme Court addressed two key issues: (1) the constitutional validity of a settlement under Section 8A of the Taxation of Income (Investigation Commission) Act, 1947, made post-commencement of the Constitution, and (2) the permissibility of waiving fundamental rights under the Constitution. The Court held that the settlement was valid despite challenges based on prior rulings, affirming the binding nature of the settlement and the appellant's obligation to pay the agreed amount. The decision reinforced the legal framework governing tax settlements and the authority of the Investigation Commission.

BASHESHAR NATH vs THE COMMISSIONER OF INCOME-TAX,DELHI & RAJASTHAN & ANOTHER · Niyam