Supreme Court of India

Dhakeswari Cotton Mills Ltd. v. Commissioner of Income Tax, West Bengal

Neutral citation
Reported as [1955] 1 S.C.R. 941
Decided 29 October 1954

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the Tribunal violated certain fundamental rules of justice in reach­ ing its conclusions.

Judgment, page 10

From the headnote

Constitution of India, Art. Supreme Court's powet-lndian 23(3)-Assessm'ent when invalid. 136-Appeal by Special Leave-'­ Income-tax Act (XI of 1922), s. It is not possible to define with any precision the limitations of the powe'rs conferred on the Supreme Court by Art. 136 of the Constitution. This is an overriding and exceptional power and should be exercised sparingly and . with caution and only in special and extraordinary situation. Beyond this no set formula or rule can stand in the way of or fetter the exercise of the power conferred on the Supreme Court under Art. 136 of the Constitu­

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