Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Act 1961-Section 154(7) |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Income Tax Act, 1961-Section 154(7) as it stood on 21st Sepember, 1979--Expression 'from the date of the order sought to be amended'-lnter-pretation of-Word 'order' would mean any order including amended or rectiftied order.The appellant assessee was assessed for income-tax originally under the assessment order dated 21st September, 1979. The assessee filed a petition for rectification of the assessment order U/s 154 of the Income Tax Act. The assessment order was rectified on 12th July, 1982. Thereafter, the assessee again applied for rectification of the fresh order on 4th July, 1986. The Income Tax Officer dismissed the assessee's claim on the ground that the application was beyond time. This order was confirmed by the Appellate Assistant Commissioner. On appeal, the Tribunal allowed the application holding that the application for rectification made on 4th July, 1986 was within 4 years of the fresh order of assessment made on 12th July, 1982 and hence within limitation.On reference, the High Court reversed the order of the Tribunal holding that the period of 4 years was to be calculated from the initial order of assessment, viz., from 21st September, 1979. Hence this appeal. The question raised was regarding the interpretation of Section 154(7) of the Act. |
Judge | N/A |
Neutral Citation | 1995 INSC 70 |
Petitioner | Mis Hind Wire Industries Ltd. |
Respondent | The Commissioner Of Income Tax, West Bengal-v |
SCR | [1995] 1 S.C.R. 519 |
Judgement Date | 1995-01-20 |
Case Number | 1323-27 |
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