Supreme Court of India · 1979-11-27
C.I.T. CENTRAL, CALCUTTA vs NATIONAL TAJ TRADERS
- Citation / case number
- SC 1973/60208
- Court
- Supreme Court of India
- Petitioner
- C.I.T. CENTRAL, CALCUTTA
- Respondent
- NATIONAL TAJ TRADERS
- Author
- V.D. TULZAPURKAR
- Bench
- V.D. TULZAPURKAR
Judgment text excerpt
The Supreme Court examined the applicability of Section 33B of the Income Tax Act, 1922, particularly the interplay between subsections 2(b) and 4 regarding the appellate powers of the Tribunal. The Court held that the Commissioner’s ex parte order cancelling the assessments was valid, but the Tribunal erred in directing the Commissioner to act under Section 33B(1) after the limitation period had expired. The outcome affirmed the Tribunal's cancellation of the Commissioner's order while clarifying the limitations on the Commissioner's powers under the Act.