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october 1995

Supreme Court of India · 1995-10-31

M/S LOKE NATH AND CO. THE MALL,SHIMLA vs COMMISSIONER OF WEALTH TAX PATIALA

Citation / case number
SC 1991/78239
Court
Supreme Court of India
Petitioner
M/S LOKE NATH AND CO. THE MALL,SHIMLA
Respondent
COMMISSIONER OF WEALTH TAX PATIALA
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 25(2) of the Wealth Tax Act, 1957, determining that the Commissioner of Wealth Tax acted beyond his jurisdiction in revising the assessment orders made by the Wealth Tax Officer. The Court held that the non-issuance of notice under Section 16(2) was a mere irregularity and did not warrant revision under Section 25(2), thereby upholding the Tribunal's decision to vacate the Commissioner's orders. The judgment clarifies the limits of the Commissioner's powers in wealth tax assessments.

M/S LOKE NATH AND CO. THE MALL,SHIMLA vs COMMISSIONER OF WEALTH TAX PATIALA · Niyam