Supreme Court of India · 1962-01-17
THE INCOME TAX OFFICER CIRCLE II MADURA, ANDANOTHER vs M. R. VIDYASAGAR
- Citation / case number
- SC 1960/147
- Court
- Supreme Court of India
- Petitioner
- THE INCOME TAX OFFICER CIRCLE II MADURA, ANDANOTHER
- Respondent
- M. R. VIDYASAGAR
- Author
- SINHA, BHUVNESHWAR P.(),KAPURL.,HIDAYATULLAH, M.,SHAHC.,MUDHOLKARR.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,HIDAYATULLAH, M.,SHAH, J.C.,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the Income-tax Officer has the jurisdiction to exercise discretion under the fifth proviso to Section 18A(6) of the Indian Income-tax Act, 1922, for cases pending as of April 1, 1952. The Court clarified that this discretion can be applied to assessments completed before this date, thereby allowing for the waiver of interest in certain circumstances. The High Court's order to reconsider the levy of interest was upheld, affirming the need for a judicial exercise of discretion by the Revenue authorities.