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december 1962

Supreme Court of India · 1962-12-12

S. C. PRASHAR, INCOME-TAX OFFICER,MARKET WARD, BOMBAY AND vs VASANTSEN DWARKADAS AND OTHERS

Citation / case number
SC 1957/60196
Court
Supreme Court of India
Petitioner
S. C. PRASHAR, INCOME-TAX OFFICER,MARKET WARD, BOMBAY AND
Respondent
VASANTSEN DWARKADAS AND OTHERS
Author
DAS, S.K.,KAPURL.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR
Bench
DAS, S.K.,KAPUR, J.L.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court addressed the validity of a notice issued under Section 34 of the Indian Income-tax Act, 1922, concerning the reassessment of income for the firm P.L. The Court held that the Income-tax Officer lacked jurisdiction to issue the notice after the time limit specified in Section 34(1) had expired. The Court also ruled that the second proviso to Section 34(3) was not applicable in this case, and the notice violated Article 14 of the Constitution, thus rendering it invalid.

S. C. PRASHAR, INCOME-TAX OFFICER,MARKET WARD, BOMBAY AND vs VASANTSEN DWARKADAS AND OTHERS · Niyam