Supreme Court of India · 1967-10-25
INCOME-TAX OFFICER, TUTICORIN vs T. S. DEVINATH NADAR & ORS.
- Citation / case number
- SC 1966/60098
- Court
- Supreme Court of India
- Petitioner
- INCOME-TAX OFFICER, TUTICORIN
- Respondent
- T. S. DEVINATH NADAR & ORS.
- Author
- WANCHOO, K.N. (),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
- Bench
- WANCHOO, K.N. (CJ),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that Section 35(5) of the Indian Income-Tax Act, 1922, allows for the rectification of a partner's assessment based on the firm's reassessment, even if the partner's assessment was finalized before April 1, 1952. The Court emphasized that the intention of the legislation was to align the assessments of partners with that of the firm, and the rectification power is triggered by findings from the firm's assessment. The High Court's decision to quash the rectification order was overturned, affirming the Revenue's appeal.