Supreme Court of India

Calcutta Discount Company Limited v. Income-tax Officer, Companies District, I and Another.

Neutral citation
Reported as [1961] 2 S.C.R. 241
Bench S.K. Das J.
Decided 1 November 1960

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we allow the appeal, set aside the order made by the appellate Bench of the Calcutta High Court and restore the order made by the Trial Judge, Bose, J. The assessment orders made in the · proceedings started under s. 34 of the Income Tax Act are also quashed.

Judgment, page 19

From the headnote

Income-tax-Income escaping assessment-Non-disclosure of material facts by assessee-" Material facts", meaning of-Indian Income Tax Act, z922 (II of z922), as amended in z948, s. 34(1)(a), Explanation-Constitution of India, Art. 226. The appellant, a private limited company, was assessed to income tax for the assessment years 1942-43, 1943-44 and 1944-45 by three separate orders dated January 26, 1944, February 12, 1944, and February 15, 1945, under s. 23(3) of the Indian Income Tax Act on returns filed by it with statements of account. On March 28, 1951, three notices under s. 34 of the Act

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