Supreme Court of India · 1962-12-12
P. V. GODBOLE vs JAGANNATH FAKIRCHAND
- Citation / case number
- SC 1960/233
- Court
- Supreme Court of India
- Petitioner
- P. V. GODBOLE
- Respondent
- JAGANNATH FAKIRCHAND
- 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 ruled that the proceedings initiated under Section 34(1) of the Indian Income-tax Act, 1922, for the assessment years 1944-45, 1945-46, and 1946-47 were barred by limitation as per Section 34(3). The Court held that the second proviso to Section 34(3), introduced by the Indian Income-tax (Amendment) Act, 1953, did not revive the power to assess income that had already become barred. Additionally, the second proviso was deemed unconstitutional for violating Article 14 of the Constitution, as per the dissenting opinion of Justice Sarkar.