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april 1970

Supreme Court of India · 1970-04-27

COMMISSIONER OF INCOME TAX, PATIALA vs THE AMBALA FLOUR MILLS

Citation / case number
SC 1966/60458
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX, PATIALA
Respondent
THE AMBALA FLOUR MILLS
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under the Income-tax Act, 1922, specifically Sections 31 and 34(3), the Appellate Assistant Commissioner has the authority to direct the assessment of income in the hands of an individual, even if the assessment was annulled. The Court affirmed the High Court's ruling that D was not a stranger to the proceedings and could maintain appeals regarding the assessment of the Ambala Flour Mills. The Court clarified that the High Court's modifications to the Appellate Assistant Commissioner's order were valid, emphasizing the importance of individual capacity in tax assessments.

COMMISSIONER OF INCOME TAX, PATIALA vs THE AMBALA FLOUR MILLS · Niyam