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august 1976

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.

COMMISSIONER OF INCOME-TAX, WEST BENGAL-1,CALCUTTA vs SIMON CARVES LIMITED · Niyam