Legal Case Summary

Case Details
Case ID d53004bf-828f-4c69-827b-55005b5b2054
Body View case body.
Case Number Income tax Case No. 22 of 1981
Decision Date Aug 22, 1988
Hearing Date
Decision The Tribunal's order was reviewed, and the judges found that significant questions of law arose from the case. Specifically, they addressed whether the Tribunal erred in affirming the deletion of Rs. 32,094 as income from other sources, whether the reopening of the assessment was legally justified, and whether the Tribunal failed to provide findings on the remission of interest allowed by the Appellate Assistant Commissioner. The judges directed the Tribunal to state a case and refer these questions for further consideration.
Summary This case revolves around the Income Tax Act, 1922, where the Tribunal's decision was challenged regarding the deletion of income from other sources and the legality of reopening assessments. The ruling highlights the importance of procedural correctness in tax assessments and the need for clear judicial findings on critical issues such as interest remission. The judges emphasized the necessity for the Tribunal to clarify its decisions on these matters, thereby reinforcing the principles of tax law and judicial oversight. This case serves as a significant reference for future income tax adjudications, particularly in relation to procedural fairness and the interpretation of tax statutes. Keywords: Income Tax Act, Tribunal decisions, tax assessments, judicial findings, procedural correctness.
Court Punjab and Haryana High Court
Entities Involved COMMISSIONER OF INCOME TAX, NATIONAL INDUSTRIAL CORPORATION
Judges V. RAMASWAMI C.J., G. R. MAJITHIA, J
Lawyers Ashok Bhan for Commissioner, Bhagirath Dass for Assessee, C.B. Goel for Assessee
Petitioners COMMISSIONER OF INCOME TAX
Respondents NATIONAL INDUSTRIAL CORPORATION
Citations 1990 SLD 29, 1990 PTD 238
Other Citations Not available
Laws Involved Income Tax Act, 1922
Sections Not available