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january 1977

Supreme Court of India · 1977-01-19

SASHI PRASAD BAROOAH vs THE AGRICULTURE INCOME-TAX OFFICER, SHILLONG,ASSAM & ORS.

Citation / case number
SC 1972/60254
Court
Supreme Court of India
Petitioner
SASHI PRASAD BAROOAH
Respondent
THE AGRICULTURE INCOME-TAX OFFICER, SHILLONG,ASSAM & ORS.
Author
HANS RAJ KHANNA
Bench
HANS RAJ KHANNA

Judgment text excerpt

The Supreme Court examined the validity of Rule 23 of the Assam Agricultural Income-tax Rules, 1939, framed under Section 50 of the Assam Agricultural Income-tax Act, 1939, which states that a Hindu family assessed as undivided shall continue to be treated as such unless an order apportioning tax liability is passed. The Court upheld the High Court's ruling that the rule is constitutional and binding, affirming the legislature's authority to delegate details of tax assessment to the executive. The appeals were dismissed, confirming the applicability of the rule to the assessment years in question.

SASHI PRASAD BAROOAH vs THE AGRICULTURE INCOME-TAX OFFICER, SHILLONG,ASSAM & ORS. · Niyam