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.