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november 1979

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.

C.I.T. CENTRAL, CALCUTTA vs NATIONAL TAJ TRADERS · Niyam