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.