Supreme Court · 1979 INSC 246 · Decided 20 November 1979

Ice & General Mills v. Income Tax Officer, Central Circle Ii, Meerut

Court
Supreme Court of India
Citation
1979 INSC 246 · [1980] 2 S.C.R. 236
Case number
CIVIL APPEAL No. 2015/1972
Decided
20 November 1979
Bench
V.D. TULZAPURKAR, E.S. VENKATARAMIAH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 34(1), 148

Headnote

Escaped income-Reopening of Gssessment under section 147 of lite 1961 A.ct not permissible when in respect of the self-same escaped income, proceti- il:;I under section 34tl) of the 1922 Act had been .u'ndertak~n o.nd were pend- ---'. ing 011 April 1, 1962 i.e. the date of coming into force of the Tux Act, 1961, Section 297(2) (d) (ii) refers to factual per.ding of a proceeding u11dcr section 34(1) of 1922 Act . . The appclloot·assessee is a firm carrying on business of manufacturing ico and preservation of potatoes in its cold storage. By an assessment order dated July 5, 1961

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