Supreme Court · 1967 INSC 43 · Decided 24 February 1967

Commissioner of Income-Tax Bihar and Orissa v. Manager, Court of Wards Estate, Bettiah

Court
Supreme Court of India
Citation
1967 INSC 43 · [1967] 2 S.C.R. 748
Case number
CIVIL APPEAL No. 1172/1965
Decided
24 February 1967
Bench
M. HIDAYATULLAH, J.M. SHELAT, G.K. MITTER (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 289, 296; Income Tax Act Section 261, 41(I)

Headnote

Practice and Procedure-Tax liabi/iry-LiabiUty dependent on OIU­ come of litigation-Assessment made while title suit was pending-Hlgli Court setting aside assessment-Propriety of-Procedure to bt foUowtd. B During the pendency of a s1•it by a penon claiming lb be the heir of the Bettiah Manager, Court C of Wards, the Income Tax Officer made an assessment on the Manager. Jn those proceedings the State of Bihar and the Manager claimed that the estate had ves!ed in the State by escheat and therefore the income was not liable to tax. The Jncome4ax Officer. the Appellate Assistant

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