Skip to content


income-tax Officer, TuticorIn Vs. T.S. Devinath Nadar and ors. - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1968SC623; [1968]88ITR252(SC); [1968]2SCR33
ActsConstitution of India - Articles 141 and 226; Income-tax Act, 1922 - Sections 3(2), 7(2), 23(5), 30(2), 31, 33, 33A, 33B, 34, 34(1), 35(1), 35(5), 33(6), 35(7), 35(10), 66 and 66A; Indian Income-tax (Amendment) Act, 1939; Income-tax (Amendment) Act, 1953 - Sections 1(2), 19 and 35(5); Finance Act, 1956 - Sections 19
Appellantincome-tax Officer, Tuticorin
RespondentT.S. Devinath Nadar and ors.
Excerpt:
.....on 24.01.1946 - rectification of assessment of firm is made and notice issued to respondent by income tax officer under section 35 (5) ordering his assessment on 11.09.1952 - respondent challenged rectification before high court - court quashed rectification made by income tax officer - assessing authority filed appeal before supreme court - apex court observed section 35 (5) enacted to rectify discrepancy between income of partners assessed as individual and income computed on basis of assessment of firm - rectification of discrepancy is not unjust - sub-section 5 enacted with intention to give retrospective effect to changes in assessment of firm affecting assessment of partners as individual - held, order of revision passed by income tax officer is valid and justified. - indian.....order55. in accordance with the opinion of the majority the appeals are allowed, the judgment and order of the high court of madras are set aside and the orders of rectification passed by the income tax officer are held to be effective and binding on the respondents. in the circumstances there will be no order as to costs of these appeals. 56. g. c.
Judgment:
ORDER

55. In accordance with the opinion of the majority the appeals are allowed, the judgment and order of the High Court of Madras are set aside and the orders of rectification passed by the Income tax Officer are held to be effective and binding on the respondents. In the circumstances there will be no order as to costs of these appeals.

56. G. C.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //