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august 1961

Supreme Court of India · 1961-08-04

BALAJI vs INCOME-TAX OFFICER, SPECIAL INVESTIGATION CIRCLE

Citation / case number
SC 1960/186
Court
Supreme Court of India
Petitioner
BALAJI
Respondent
INCOME-TAX OFFICER, SPECIAL INVESTIGATION CIRCLE
Author
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR
Bench
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court upheld the constitutionality of Section 16(3)(a)(i) and (ii) of the Indian Income Tax Act, 1922, which allows the inclusion of a wife's and minor children's income in the total income of the husband for tax assessment. The Court ruled that the legislative entries are fields of legislation, and Entry 54 of the Federal Legislative List covers such provisions aimed at preventing tax evasion. The Court found that the classification under Article 14 was rationally connected to its object and did not violate Articles 14 or 19(1)(f) and (g) of the Constitution.

BALAJI vs INCOME-TAX OFFICER, SPECIAL INVESTIGATION CIRCLE · Niyam