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november 1996

Supreme Court of India · 1996-11-20

WALDIES LTD. vs COMMISSIONER OF INCOME TAX, WEST BENGAL

Citation / case number
SC 1979/62836
Court
Supreme Court of India
Petitioner
WALDIES LTD.
Respondent
COMMISSIONER OF INCOME TAX, WEST BENGAL
Author
SUHAS C. SEN B.P. JEEVAN REDDY
Bench
SUHAS C. SEN B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court examined the Companies (Profits) Surtax Act, specifically addressing the definition of 'chargeable profits' under Section 2(5) and the implications of Section 13 regarding rectification of assessment orders. The Court held that the Income Tax Officer's rectification of the surtax assessment was justified, as the additional income tax determined under Section 147 of the Income Tax Act was a valid deduction. The Court affirmed the decisions of the Appellate Assistant Commissioner and the Tribunal, concluding that the rectification was both lawful and equitable.

WALDIES LTD. vs COMMISSIONER OF INCOME TAX, WEST BENGAL · Niyam