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july 1995

Supreme Court of India · 1995-07-18

ASST. COMMISSIONER OF INCOME TAX vs A.K. MENON

Citation / case number
SC 1995/63465
Court
Supreme Court of India
Petitioner
ASST. COMMISSIONER OF INCOME TAX
Respondent
A.K. MENON
Author
AHMADI A.M. ()
Bench
AHMADI A.M. (CJ)

Judgment text excerpt

The Supreme Court ruled that the Special Court under the Special Court (Trial of Offences Relating To Transactions in Securities) Act, 1992, does not have the authority to overrule tax authorities' orders regarding tax liabilities of notified persons. The Court emphasized that the Special Court's role is limited to determining the order of priority for claims against property under attachment, as outlined in Section 11 of the Act. The Court held that the appellant's claim for tax liabilities must be assessed for reasonableness, but the Special Court cannot sit in appeal over tax authority decisions.

ASST. COMMISSIONER OF INCOME TAX vs A.K. MENON · Niyam