Commissioner of Income Tax, Bangalore Vs. Poddar MartIn Mining and Minerals Ltd. - Court Judgment
|Court||Supreme Court of India|
|Case Number||Civil Appeal No. 805 of 1971|
|Judge|| C.A. Vaidialingam and; P. Jaganmohan Reddy, JJ.|
|Acts||Indian Income Tax Act, 1922 - Section 34(3)|
|Appellant||Commissioner of Income Tax, Bangalore|
|Respondent||Poddar MartIn Mining and Minerals Ltd.|
[ c.a. vaidialingam and; p. jaganmohan reddy, jj.] -- constitution of india — article 141 — high court's judgment under appeal based on other high court's decision — the latter decision set aside by the supreme court — consequently the appeal allowed and that judgment set aside. -- the decision of the gujarat high court was taken up in appeal to this court and the same was reversed. the decision of this court is reported in m.m. parikh, income tax officer, special investigation circle-b, ahmedabad v. navanagar transport & industries ltd.2......in m.m. parikh, income tax officer, special investigation circle-b, ahmedabad v. navanagar transport & industries ltd.2.3. it follows that the judgment and order of the mysore high court cannot be sustained and they are set aside. the appeal is allowed, but there will be no order as to.....
C.A. VAIDIALINGAM, J.
1. The High Court agreeing with the decision of the Gujarat High Court in Navanagar Transport & Industries Limited v. ITO, Special Investigation Circle-A, Ahmedabad1 allowed the writ petition filed by the respondent and quashed the assessment proceedings on the ground that they are barred by time under Section 34(3) of the Indian Income Tax Act, 1922.
2. The decision of the Gujarat High Court was taken up in appeal to this Court and the same was reversed. The decision of this Court is reported in M.M. Parikh, Income Tax Officer, Special Investigation Circle-B, Ahmedabad v. Navanagar Transport & Industries Ltd.2.
3. It follows that the judgment and order of the Mysore High Court cannot be sustained and they are set aside. The appeal is allowed, but there will be no order as to costs.