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july 1997

Supreme Court of India · 1997-07-08

COMMISSIONER OF INCOME TAX, KANPUR vs NITYA NAND DEVKINANDAN

Citation / case number
SC 1982/63854
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX, KANPUR
Respondent
NITYA NAND DEVKINANDAN
Author
D.P.WADHWA. S.C. AGARWAL
Bench
D.P.WADHWA. S.C. AGARWAL

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 184(7) and Section 263 of the Income Tax Act, 1961, determining that the Commissioner of Income Tax lacked jurisdiction to cancel the registration of a partnership firm when there were no explicit orders under Section 184(7). The Court upheld the High Court's ruling that the Tribunal was correct in its decision, thereby affirming the continuity of registration for the assessment years 1972-73 and 1973-74. The outcome favored the assessee-firm, confirming its status as a registered entity despite discrepancies in profit-sharing ratios.

COMMISSIONER OF INCOME TAX, KANPUR vs NITYA NAND DEVKINANDAN · Niyam