Supreme Court · 1973 INSC 30 · Decided 13 February 1973

Raja Jagdish Pratap Sahi v. State of Uttar Pradesh

Court
Supreme Court of India
Citation
1973 INSC 30 · [1973] 3 S.C.R. 528
Case number
CIVIL APPEAL No. 1192/1970
Decided
13 February 1973
Bench
K.S. HEGDE, P. JAGANMOHAN REDDY, HANS RAJ KHANNA (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 46, 232

Headnote

U.P. Agricultural Income-tax Act (3 of 1948), s. 32-Suit for recovery of tax assessed-Maintainability. The appellant was assessed to Agricultural income-tax under the U.P. Agricultural Income-tax Act, 1948, and was directed to pay it in four instalments. The appellant defaulted and, when summary under s. 32 of the Act, it was found that two of the instalments had become time barred under s. 32(2). In a suit by the respondent State for recovery of those amounts, the appellant contended that the only remedy open to the respondent was under s. 32 and that the suit was not maintainable.

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