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april 1967

Supreme Court of India · 1967-04-18

ESTHURI ASWANTHIAH vs COMMISSIONER OF INCOME-TAX, MYSORE

Citation / case number
SC 1966/60160
Court
Supreme Court of India
Petitioner
ESTHURI ASWANTHIAH
Respondent
COMMISSIONER OF INCOME-TAX, MYSORE
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the Income-tax Appellate Tribunal has a judicial duty to decide all questions of fact and law raised in an appeal, and cannot make arbitrary decisions. In this case, the Tribunal's conclusion regarding the assessee's undisclosed income was based on no evidence, as it failed to record reasons for its estimate. The Court emphasized that the assessee's plea was not fairly tried, leading to the conclusion that the Tribunal's order could not be sustained, thus allowing the appeal.

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