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october 1974

Supreme Court of India · 1974-10-16

INCOME TAX OFFICER, INCOME TAX-CUM-WEALTH TAX CIRCLE II, vs NAWAB MIR BARKAT ALI KHAN BAHADUR

Citation / case number
SC 1970/60143
Court
Supreme Court of India
Petitioner
INCOME TAX OFFICER, INCOME TAX-CUM-WEALTH TAX CIRCLE II,
Respondent
NAWAB MIR BARKAT ALI KHAN BAHADUR
Bench
GUPTA, A.C.

Judgment text excerpt

The Supreme Court held that under Section 147 of the Income Tax Act, 1961, the Income-tax Officer can only reassess income if there is a genuine non-disclosure of material facts necessary for assessment. The Court found that the descriptions of the respondent's relationships in earlier trust deeds were not new information, thus the reopening of assessments was unwarranted. The High Court's decision to quash the reassessment notices was upheld, affirming that the Income-tax Officer cannot correct his own mistakes through Section 147 proceedings.

INCOME TAX OFFICER, INCOME TAX-CUM-WEALTH TAX CIRCLE II, vs NAWAB MIR BARKAT ALI KHAN BAHADUR · Niyam