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september 1971

Supreme Court of India · 1971-09-02

STATE OF MADRAS vs LATEEF HAMID & CO.

Citation / case number
SC 1968/60396
Court
Supreme Court of India
Petitioner
STATE OF MADRAS
Respondent
LATEEF HAMID & CO.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the Appellate Assistant Commissioner under Section 31 of the Madras General Sales Tax Act, 1959, has the power to enhance assessments even for the assessment year 1958-59, which was governed by the repealed Madras General Sales Tax Act, 1939. The Court clarified that the purpose of both Acts is to ensure fair assessment and revenue collection, and the rights of the assessee under the 1939 Act do not preclude the exercise of enhanced assessment powers under the 1959 Act. The High Court's ruling that the Appellate Assistant Commissioner lacked such power was overturned, affirming the validity of the enhancement under the new Act.

STATE OF MADRAS vs LATEEF HAMID & CO. · Niyam