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march 1964

Supreme Court of India · 1964-03-11

INCOME -TAX OFFICER KOLAR AND ANOTHER vs SEGHU BUCHIAH SETTY

Citation / case number
SC 1963/77
Court
Supreme Court of India
Petitioner
INCOME -TAX OFFICER KOLAR AND ANOTHER
Respondent
SEGHU BUCHIAH SETTY
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that under Section 29 of the Indian Income-tax Act, 1922, when an order of assessment is revised on appeal, the Income-tax Officer must issue fresh notices of demand reflecting the revised tax amount before treating the assessee as a defaulter. The Court affirmed the High Court's decision that the Income-tax Officer's failure to issue fresh notices rendered the recovery proceedings illegal. The dissenting opinion argued that existing notices should still be enforceable, subject to adjustments based on the appellate order.

INCOME -TAX OFFICER KOLAR AND ANOTHER vs SEGHU BUCHIAH SETTY · Niyam