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october 1978

Supreme Court of India · 1978-10-18

DELHI CLOTH & GENERAL MILLS CO. LTD. vs STATE OF U.P. & ORS.

Citation / case number
SC 1968/60227
Court
Supreme Court of India
Petitioner
DELHI CLOTH & GENERAL MILLS CO. LTD.
Respondent
STATE OF U.P. & ORS.

Judgment text excerpt

The Supreme Court held that an assessee has the right to change its option by filing a fresh or revised return before the assessment is completed, contrary to the High Court's Division Bench ruling. The Court clarified that the restrictions on changing options under the original proviso to Section 6(1) had been removed, allowing for valid changes in options as long as the return is validly submitted. The Court allowed the appeals, stating that the assessing authority must make assessments in accordance with Section 6(2)(a) and (3) regardless of any prior option exercised under Section 6(1).

DELHI CLOTH & GENERAL MILLS CO. LTD. vs STATE OF U.P. & ORS. · Niyam