Supreme Court of India · 1971-01-21
COMMISSIONER OF INCOME TAX, CALCUTTA vs BURLOP DEALERS LTD.
- Citation / case number
- SC 1967/364
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER OF INCOME TAX, CALCUTTA
- Respondent
- BURLOP DEALERS LTD.
- Bench
- SHAH, J.C. (CJ)
Judgment text excerpt
The Supreme Court held that under Section 34(1)(a) of the Income-tax Act, 1922, an assessee is not required to instruct the Income-tax Officer on inferences that may be drawn from disclosed primary facts. The Court clarified that mere production of books does not equate to disclosure under Section 34(1), and if the Income-tax Officer fails to draw necessary inferences from the evidence provided, the income cannot be reassessed. The appeal by the Revenue was dismissed, affirming the High Court's decision in favor of the assessee.