Supreme Court of India · 1962-01-09
THE COMMSSIONER OF INCOME TAX, MADRAS AND ANOTHER vs S.V. ANGIDI CHETTIAR
- Citation / case number
- SC 1961/126
- Court
- Supreme Court of India
- Petitioner
- THE COMMSSIONER OF INCOME TAX, MADRAS AND ANOTHER
- Respondent
- S.V. ANGIDI CHETTIAR
- 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 authority to impose penalties under Section 28(1) of the Indian Income-tax Act, 1922, even after the dissolution of a registered firm, provided the conditions for such penalties are satisfied. The Court clarified that the principles established in C. A. Abrahams case apply equally to registered firms. The Court also emphasized that penalty proceedings must not commence until the assessment proceedings are concluded, ensuring that the Income-tax Officer's satisfaction regarding defaults is established before imposing penalties.