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august 1973

Supreme Court of India · 1973-08-16

C.I.T. BOMBAY vs ONKARMAL MEGHRAJ (H.U.F.) & ORS.

Citation / case number
SC 1969/60266
Court
Supreme Court of India
Petitioner
C.I.T. BOMBAY
Respondent
ONKARMAL MEGHRAJ (H.U.F.) & ORS.
Bench
ALAGIRISWAMI

Judgment text excerpt

The Supreme Court addressed the applicability of Section 34 of the Indian Income Tax Act, particularly in light of the amendments made by the Indian Income Tax (Amendment) Act 1953. The Court held that the Income Tax Officer's reassessment of the three Hindu Undivided Families was invalid as it was based on non-existent entities, and thus Section 34(1)(a) did not apply. The Court clarified that the second proviso to Section 34(3) only applied to certain individuals who had filed returns, affirming the High Court's decision on the matter.

C.I.T. BOMBAY vs ONKARMAL MEGHRAJ (H.U.F.) & ORS. · Niyam