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march 1993

Supreme Court of India · 1993-03-03

CHHATHU RAM AND ORS. ETC. ETC. vs COMMISSIONER OF INCOME TAX, BIHAR, PATNA AND ORS.

Citation / case number
SC 1980/63341
Court
Supreme Court of India
Petitioner
CHHATHU RAM AND ORS. ETC. ETC.
Respondent
COMMISSIONER OF INCOME TAX, BIHAR, PATNA AND ORS.
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the settlement order did not prevent the Income Tax Officer from rectifying the assessment under Section 35(6) of the Indian Income Tax Act, 1922. The Court clarified that the deduction for Excess Profits Tax was not part of the settlement under Section 34(1B) and could be withdrawn once the liability was determined to be nil. The appeals by the assessees were dismissed, affirming the rectification order and the jurisdiction of the Income Tax Officer.

CHHATHU RAM AND ORS. ETC. ETC. vs COMMISSIONER OF INCOME TAX, BIHAR, PATNA AND ORS. · Niyam