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1960 (5) TMI 5 - SC - Income TaxWhether the Income-tax Officer had jurisdiction to assess the assessee firm under the Business Profits Tax Act by issue of a notice under section 11(1) of the Business Profits Tax Act on January 12,1953, in respect of the chargeable accounting period November 13, 1947, to October 31, 1948, without having recourse to section 14 of the Business Profits Tax Act ? Whether the business profits tax assessment could be considered to have been validly made ? Held that:- In view of the construction we have placed on section 14 of the Act on the words "profits escaping assessment" that they apply to assessments where notice has been given and has resulted in no assessment and where due to inadvertence, oversight or other circumstances no notice was given, it is difficult to interpret section 11 in the manner contended for by the appellant. In our opinion the assessment which was sought to be made was without jurisdiction and the appeal must therefore fail.
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