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august 1981

Supreme Court of India · 1981-08-28

KAPURCHAND SHRIMAL vs COMMISSIONER OF INCOME TAX, ANDHRA PRADESH, HYDERABAD

Citation / case number
SC 1973/60429
Court
Supreme Court of India
Petitioner
KAPURCHAND SHRIMAL
Respondent
COMMISSIONER OF INCOME TAX, ANDHRA PRADESH, HYDERABAD
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that under Section 25A of the Income Tax Act, 1922, an assessment order concerning a Hindu undivided family is invalid if the Income Tax Officer fails to inquire into the validity of a claimed partition within a reasonable time. The Court ruled that the Income Tax Appellate Tribunal can cancel such assessments without directing the assessing authority to modify or issue a fresh order. The outcome was that the Tribunal's cancellation of the assessments was upheld, reinforcing the necessity of proper inquiry into partition claims.

KAPURCHAND SHRIMAL vs COMMISSIONER OF INCOME TAX, ANDHRA PRADESH, HYDERABAD · Niyam