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july 1990

Supreme Court of India · 1990-07-16

SMT. KUSUM LATA SINGHAL vs COMMISSIONER OF INCOME TAX RAJASTHAN,JAIPUR AND ORS.

Citation / case number
SC 1989/72384
Court
Supreme Court of India
Petitioner
SMT. KUSUM LATA SINGHAL
Respondent
COMMISSIONER OF INCOME TAX RAJASTHAN,JAIPUR AND ORS.
Author
SABYASACHI () MUKHARJI
Bench
SABYASACHI (CJ) MUKHARJI

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the return of seized valuables under Section 132 of the Income Tax Act, 1961. The Court ruled that ownership disputes over the jewellery could not be resolved in Article 226 proceedings, and the husband's claim of ownership, made during proceedings under Section 132(5), was valid evidence. Consequently, the High Court's refusal to return the items to the petitioner was justified, and no legal error was found that warranted intervention under Article 136.

SMT. KUSUM LATA SINGHAL vs COMMISSIONER OF INCOME TAX RAJASTHAN,JAIPUR AND ORS. · Niyam