| Case ID |
42bad673-cd97-4b63-a6c4-d2f2ad80c7a6 |
| Body |
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| Case Number |
CIVIL APPEAL No. 2015 OF 1972 |
| Decision Date |
Nov 20, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court of India, in this case, examined the validity of reassessment proceedings initiated under the Income Tax Act. The court concluded that the reassessment order issued by the Income Tax Officer was justified as the prior proceedings were not legally sound. The Supreme Court emphasized the factual pendency of the earlier proceedings under the repealed Act, stating that such proceedings should not have been disregarded. The court quashed the notice issued under section 148 of the Income Tax Act, 1961, and set aside the decision of the Allahabad High Court. This ruling reaffirmed the importance of adhering to procedural norms in tax assessments and highlighted the relevance of factual circumstances over technical legality in such cases. |
| Summary |
In the landmark case of Ice & General Mills v. Income Tax Officer, the Supreme Court of India addressed key issues surrounding tax reassessment. This case revolved around the interpretation of sections under the Indian Income-tax Act, 1922, and the Income-tax Act, 1961. The Supreme Court determined that the reassessment initiated by the Income Tax Officer was valid despite previous annulments by the Appellate Assistant Commissioner (AAC). The court's ruling emphasized the necessity for taxpayers to disclose all material facts during assessments. The decision also reinforced the principle that the factual status of earlier proceedings is critical when considering the validity of new reassessment notices. This case serves as a crucial reference for legal practitioners and tax professionals, highlighting the complexities involved in tax law and reassessment procedures, thereby contributing to the broader discourse on taxation in India. Keywords: tax reassessment, Income Tax Act, legal proceedings, Supreme Court decisions, tax law. |
| Court |
Supreme Court of India
|
| Entities Involved |
|
| Judges |
V.D. Tulzapurkar,
E.S. Venkataramiah
|
| Lawyers |
B.R. Aggarwal
|
| Petitioners |
Ice & General Mills
|
| Respondents |
Income Tax Officer
|
| Citations |
1980 SLD 654,
(1980) 121 ITR 547
|
| Other Citations |
S.B. Jain v. Mahendra [1972] 83 ITR 104,
R.B. Seth Gujar Mal Modi v. CIT [1972] 84 ITR 261
|
| Laws Involved |
Indian Income-tax Act, 1922,
Income-tax Act, 1961
|
| Sections |
34(1)(a),
147(a),
148,
297(2)(d)(ii)
|