Supreme Court · 1968 INSC 230 · Decided 6 September 1968

Third Income-Tax Officer, Mangalore v. M. Damodar Bhat

Court
Supreme Court of India
Citation
1968 INSC 230 · [1969] 2 S.C.R. 29
Case number
CIVIL APPEAL No. 1654/1967
Decided
6 September 1968
Bench
J.C. SHAH, V. RAMASWAMI, A.N. GROVER (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 226; Income Tax Act Section 226(3), 297(2)(j)

Headnote

Income-tax Act, 1961, ss. 226(3), 297(2) (j)-Scope of.-Whether provisions of s. 226( 3) available for recovery of tax assessed under the Income-tax Act, 1922.-If assessee must be "in default" before a notice under s. 226(3) can issue.-Effect of s. 297(2)(j)-After notice of demand under notice under s. 226(3) to be issued. By a writ petition under Article 226 of the Constitution the respondent challenged the validity of a notice under s. 226(3) of the Income-tax Act, 1961, in respect of tax due from him 'for the four assessment years from 1960-61 to 1963-64 and penalty for the

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