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.