Supreme Court of India · 1973-02-13
RAJA JAGDISH PRATAP SAHI vs STATE OF UTTAR PRADESH
- Citation / case number
- SC 1970/60251
- Court
- Supreme Court of India
- Petitioner
- RAJA JAGDISH PRATAP SAHI
- Respondent
- STATE OF UTTAR PRADESH
- Bench
- REDDY, P. JAGANMOHAN
Judgment text excerpt
The Supreme Court held that under Section 32 of the U.P. Agricultural Income-tax Act, 1948, the only mode of recovery for arrears of tax or penalty is through the specified recovery proceedings, and not through a regular suit. The Court found that the High Court erred in reversing the trial court's dismissal of the suit, as the State's claim was not maintainable outside the provisions of Section 32. Consequently, the appeal was allowed, affirming the trial court's decision and dismissing the suit filed by the State.