Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1969

Supreme Court of India · 1969-02-10

MODI SPINNING & WEAVING MILLS CO. LTD. vs INCOME-TAX OFFICER, SPECIAL INVESTIGATIONCIRCLE (B), MEERU

Citation / case number
SC 1968/60127
Court
Supreme Court of India
Petitioner
MODI SPINNING & WEAVING MILLS CO. LTD.
Respondent
INCOME-TAX OFFICER, SPECIAL INVESTIGATIONCIRCLE (B), MEERU
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court addressed the issue of reassessment under Section 34(1)(a) of the Income Tax Act, 1922, determining that the High Court failed to assess whether the income escaped assessment due to the company's omission to disclose all material facts. The Court held that while excessive depreciation was allowed, the critical question of whether this was due to the company's failure to disclose necessary information was not adequately considered. Consequently, the Court set aside the High Court's judgment and remanded the case for further examination.

MODI SPINNING & WEAVING MILLS CO. LTD. vs INCOME-TAX OFFICER, SPECIAL INVESTIGATIONCIRCLE (B), MEERU · Niyam