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december 1995

Supreme Court of India · 1995-12-11

INCOME TAX OFFICER vs CH. ATCHAIAH

Citation / case number
SC 1977/61748
Court
Supreme Court of India
Petitioner
INCOME TAX OFFICER
Respondent
CH. ATCHAIAH
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court upheld the Andhra Pradesh High Court's decision to issue a writ of prohibition against the Income Tax Officer's notice under Section 148 of the Income Tax Act, 1961. The Court established that once the Income Tax Officer assessed the income of the respondents individually, he could not subsequently assess the same income as that of an Association of Persons. The Court held that the Income Tax Officer exceeded his jurisdiction by attempting to reassess the same income in a different capacity, thus affirming the High Court's ruling.

INCOME TAX OFFICER vs CH. ATCHAIAH · Niyam