Supreme Court · 1990 INSC 383 · Decided 7 December 1990

Income Tax Officer, Cuttack and ORS. v. Biju Patnaik

Court
Supreme Court of India
Citation
1990 INSC 383 · [1990] SUPP. 3 S.C.R. 488
Case number
CIVIL APPEAL No. 571/1976
Decided
7 December 1990
Bench
KULDIP SINGH, K. RAMASWAMY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 226; Income Tax Act Section 147, 148, 147(a)

Headnote

Income Tax Act, 1961: Sections 147 & 148--Condition Prcedent for exercise of jurisdiction by I. T. 0. The respondent•assessee was assessed to income tax for the assess­ ment year 1957-58 ending with f"mancial year March 31, 1957. Subse- C quently, it came to the notice of the earned as capital gains by the sale of bis mining business. According to the assessee, the transfer of the business bad been made on 31.3.1956 and as such the capital gain was not Ieviable to taxation since capital gain D was not subjected to taxation in the assessment year 1956-57. But from the

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