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may 1976

Supreme Court of India · 1976-05-07

COMMISSIONER OF AGRICULTURAL INCOME TAX, TRIVANDRUM vs SMT. LUCY KOCHUVAREED

Citation / case number
SC 1971/60138
Court
Supreme Court of India
Petitioner
COMMISSIONER OF AGRICULTURAL INCOME TAX, TRIVANDRUM
Respondent
SMT. LUCY KOCHUVAREED
Author
A.C. GUPTA
Bench
A.C. GUPTA

Judgment text excerpt

The Supreme Court addressed the applicability of Section 34 of the Kerala Agricultural Income-tax Act, 1950, in the context of a revision of income assessment. The Court held that the Commissioner of Agricultural Income-tax did not have jurisdiction to revise the assessment based on the claim of 'escaped assessment' as the original deductions were not based on any rational method. The Court upheld the High Court's majority decision, affirming that the revision power under Section 34 cannot be invoked for assessing income that had already been determined.

COMMISSIONER OF AGRICULTURAL INCOME TAX, TRIVANDRUM vs SMT. LUCY KOCHUVAREED · Niyam