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september 1976

Supreme Court of India · 1976-09-03

COMMISSIONER OF INCOME TAX, KANPUR vs M/S. J.K. COMMERCIAL CORPORATION LTD. ETC.

Citation / case number
SC 1971/60080
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX, KANPUR
Respondent
M/S. J.K. COMMERCIAL CORPORATION LTD. ETC.
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that the Income Tax Officer has the power to rectify an order passed under Section 23A of the Income Tax Act, 1922, as per Section 35(1). The Court clarified that while Section 35(1) may not grant as broad powers as Section 154(1)(a) of the 1961 Act, it is sufficiently wide to include rectifications related to orders under Section 23A. The High Court's decision to quash the rectification orders was overturned, affirming the Income Tax Officer's jurisdiction to amend previous orders regarding additional super-tax on undistributed profits.

COMMISSIONER OF INCOME TAX, KANPUR vs M/S. J.K. COMMERCIAL CORPORATION LTD. ETC. · Niyam