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april 1963

Supreme Court of India · 1963-04-19

KALWA DEVADATTAM AND TWO OTHERS vs THE UNION OF INDIA AND OTHERS

Citation / case number
SC 1961/211
Court
Supreme Court of India
Petitioner
KALWA DEVADATTAM AND TWO OTHERS
Respondent
THE UNION OF INDIA AND OTHERS
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 67 of the Indian Income-tax Act, 1922, a civil court is barred from questioning the correctness of income tax assessments. The Court found that the plaintiffs' claim regarding the partition of the joint family estate was not maintainable as there was no valid order under Section 25-A(1) to substantiate their claim. Consequently, the suits filed by the sons of Nagappa were dismissed, affirming the legality of the tax assessments against the joint family property.

KALWA DEVADATTAM AND TWO OTHERS vs THE UNION OF INDIA AND OTHERS · Niyam