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june 1962

Supreme Court of India · 1962-06-04

ESTHURI ASWATHIAH vs COMMISSIONER OF INCOME-TAX, MYSORE

Citation / case number
SC 1965/2
Court
Supreme Court of India
Petitioner
ESTHURI ASWATHIAH
Respondent
COMMISSIONER OF INCOME-TAX, MYSORE
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that under Section 2(11) of the Income-tax Act, 1922, the length of a previous year need not be limited to 12 months, allowing for a previous year of 21 months as sanctioned by the Income-tax Officer. The Court clarified that the Income-tax Officer has the authority to impose conditions on the change of the previous year to safeguard revenue interests, and that the concept of having two previous years for the same assessment year is not permissible under Section 3. The Court upheld the decision of the lower authorities, confirming the assessment based on the 21-month period.

ESTHURI ASWATHIAH vs COMMISSIONER OF INCOME-TAX, MYSORE · Niyam