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.