Supreme Court of India · 1972-01-04
S. V. KANDASKAR vs V. N. DESHPANDE & ANR
- Citation / case number
- SC 1970/60270
- Court
- Supreme Court of India
- Petitioner
- S. V. KANDASKAR
- Respondent
- V. N. DESHPANDE & ANR
- Author
- SIKRI, S.M. (),SHELATM.,DUA, I.D.,KHANNA, HANS RAJ,MITTER, G.K.
- Bench
- SIKRI, S.M. (CJ),SHELAT, J.M.,DUA, I.D.,KHANNA, HANS RAJ,MITTER, G.K.
Judgment text excerpt
The Supreme Court ruled that under Section 446(1) of the Companies Act, 1956, the Income-tax Officer cannot initiate reassessment proceedings against a company in liquidation without obtaining prior leave from the Company Court. The Court held that the notices issued under Section 148 of the Income-tax Act, 1961, constituted legal proceedings, thus necessitating the leave of the Company Court. The judgment of the Bombay High Court was reversed, and the injunction against the Income-tax Officer was set aside, allowing the reassessment to proceed.