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august 1968

Supreme Court of India · 1968-08-14

STATE OF ASSAM AND ANOTHER vs DEVA PRASAD BARUA & ANOTHER

Citation / case number
SC 1967/194
Court
Supreme Court of India
Petitioner
STATE OF ASSAM AND ANOTHER
Respondent
DEVA PRASAD BARUA & ANOTHER
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that under Section 19(3) of the Assam Agricultural Income Tax Act, 1939, a return filed after a general notice under Section 19(1) is valid, and the Agricultural Income-tax Officer must assess the income based on that return. The Court clarified that the phrase 'at any time' in Section 19(3) is limited to the assessment year, and thus, Section 30 regarding escaped income does not apply if a return has been filed. The High Court's ruling that the assessment was invalid due to being beyond the three-year limit was overturned, affirming the validity of the assessments made by the Officer.

STATE OF ASSAM AND ANOTHER vs DEVA PRASAD BARUA & ANOTHER · Niyam