Supreme Court · 1970 INSC 90 · Decided 16 April 1970
Madhya Pradesh Industries LTD. v. The Income-Tax Officer, Nagpur
- Court
- Supreme Court of India
- Citation
- 1970 INSC 90 · [1971] 1 S.C.R. 266
- Case number
- CIVIL APPEAL No. 2419/1966
- Decided
- 16 April 1970
- Bench
- J.C. SHAH, K.S. HEGDE, A.N. GROVER (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226, 227; Income Tax Act
Headnote
Indian Income-tax Act (11 of !922) s. 34(1) (a)--Circumstances for initiating proceedings under s. 341 !) (a)-lf open to challenge in a Court of/aw. A B · The assessee paid commission to A, one of its selling agents, and claimed that amount as a revenue outgoing in the computation of assess­ ment without expressly referring to the said deduction but proceeding on the basis that it was a permissible deducti.on. Later, the Income-tax Officer issued' notices under s. 34(1) (a) of the Income-ta)' Act, 1922 stating that he had "reason to. believe that" the .. income
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