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december 2007

Supreme Court of India · 2007-12-13

Dy. Cit vs Divya Investment (P) Ltd.

Court
Supreme Court of India
Petitioner
Dy. Cit
Respondent
Divya Investment (P) Ltd.
Bench
S.H. Kapadia, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court held that the High Court erred in entertaining writ petitions regarding the classification of income as business income instead of income from house property, as determined by the Tribunal. The Court emphasized that the unit of assessment is a 'year' under the Income Tax Act, and the High Court should not have issued a blanket order for subsequent years based on a prior ruling. The Court directed that the parties should have appealed to the Tribunal under Section 253 of the Income Tax Act, 1961, and allowed for the filing of such appeals within four weeks without the risk of dismissal due to delay.

Dy. Cit vs Divya Investment (P) Ltd. · Niyam