Supreme Court of India · 1959-03-02
RAI BAHADUR SETH TEOMAL vs THE COMMISSIONER OF INCOME TAX ANDTHE COMMISSIONER OF EXC
- Citation / case number
- SC 1957/60108
- Court
- Supreme Court of India
- Petitioner
- RAI BAHADUR SETH TEOMAL
- Respondent
- THE COMMISSIONER OF INCOME TAX ANDTHE COMMISSIONER OF EXC
- Bench
- KAPUR, J.L.
Judgment text excerpt
The Supreme Court held that the Central Board of Revenue's power under Section 5(2) of the Indian Income-tax Act, 1922, to specify which Commissioner would perform functions in respect of different areas is not curtailed by Section 5(7A), which allows for the transfer of cases between Income-tax Officers. The Court found that the transfer of the appellant's case to the Commissioner of Income-tax (Central), Calcutta, was valid and that the assessment made by the Income-tax Officer, Calcutta, was lawful. The appeal was dismissed, affirming the lower courts' decisions regarding jurisdiction and the legality of the transfer order.