Supreme Court · 1966 INSC 199 · Decided 3 October 1966

Commissioner of Income-Tax, Calcutta v. Bidhu Bhushan Sarkar (Dead) Through His Legal Representative Mihir Kumar Sarkar

Court
Supreme Court of India
Citation
1966 INSC 199 · [1967] 1 S.C.R. 685
Case number
CIVIL APPEAL No. 401/1965
Decided
3 October 1966
Bench
J.C. SHAH, V. RAMASWAMI, VISHISHTHA BHARGAVA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 5(7A), 34, 22(2)

Headnote

Income-tax Act, 1922, ss. 5(7A), 34-Proceeding pursuant to notice under s. 34 "filed" by Additional Income-tax Officer as another prloceed­ ing for same year pending before Principal income-tax Officer-Latter Issuing another notice under s. 34-Whether proceeding still pending-Whether second notice and assessment thereafter val/4- Whether transfer under s. 5(7A) only possible when proceedings pend­ ing-Notice under s. 34 iust before expiry of eight years-Assessment completed within one year thereafter-Whether valid or barred by limit~ tion. In

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