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february 1964

Supreme Court of India · 1964-02-19

K. S. RASHID & SONS AND ANOTHER vs COMMISSIONER OF INCOME-TAX, U.P. ANDOTHERS

Citation / case number
SC 1963/86
Court
Supreme Court of India
Petitioner
K. S. RASHID & SONS AND ANOTHER
Respondent
COMMISSIONER OF INCOME-TAX, U.P. ANDOTHERS
Bench
SINHA, BHUVNESHWAR P.(CJ),WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court upheld the validity of Section 34(1A) of the Income-tax Act, 1922, ruling that it does not contravene Article 14 of the Constitution. The Court clarified that the provisions of the Act, starting from Section 22, apply to proceedings under Section 34(1A), and that the legislature's intention was to address income that had escaped assessment. The decision affirmed the rational classification of assessees based on the magnitude of income that had escaped taxation, thereby supporting the legislative objective.

K. S. RASHID & SONS AND ANOTHER vs COMMISSIONER OF INCOME-TAX, U.P. ANDOTHERS · Niyam