Supreme Court of India

Commissioner of Income Tax, Bhubaneshwar and Anr. v. Parmeshwari Devi Sultania and Ors.

Neutral citation
Reported as [1998] 2 S.C.R. 253
Bench Sujata V. Manohar and D.P. Wadhwa JJ.
Decided 6 March 1998

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that the Subordinate Judge and the High Court were not correct in rejecting the contention of the Revenue and holding that the suit was not barred under Section 293 of the Act.

Judgment, page 18

From the headnote

Income Tax Act, 1961: Sections 293,132 ( ), 132 (4),(5),(7) and (11)- Bar of civil suit to set aside or modify assessment order- Search and seizure -Certain assets including gold ornaments seized and retained by c Income Tax Department--Partition suit by a sister of assessee claiming her share in the seized gold ornaments-Maintainability of-Held, not maintainable as the claim in the suit would effect the order passed under section 132(5) of the Income Tax Act-Claimant could have instead resorted • to the remedy provided under the Act by filing objection under section 132(11)-Civil Procedure

Where later benches applied it

Of those, 1 referred to

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.