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.