Supreme Court of India · 1976-08-17
COMMISSIONER OF INCOME-TAX, WEST BENGAL-1,CALCUTTA vs SIMON CARVES LIMITED
- Citation / case number
- SC 1973/60238
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER OF INCOME-TAX, WEST BENGAL-1,CALCUTTA
- Respondent
- SIMON CARVES LIMITED
- Author
- HANS RAJ KHANNA
- Bench
- HANS RAJ KHANNA
Judgment text excerpt
The Supreme Court held that under Section 42 of the Income-tax Act, 1922, the Income-tax Officer has the discretion to select one of the methods outlined in Rule 33 for computing taxable income. The Court ruled that a lower tax liability from the original assessment does not automatically indicate income escaping assessment under Section 147 of the Income-tax Act, 1961. The discretion exercised by the Income-tax Officer in the original assessment was deemed proper and judicious, and the reassessment was not justified based solely on the outcome of the original assessment.