SOUTH INDIA FLOUR MILLS (PRIVATE) LTD. vs CENTRAL BOARD OF DIRECT — 1971 PTD 97

Citation: 1971 PTD 97

Court: Madras High Court

Year: 1970

Decision Date: 1970-12-31

Parties: SOUTH INDIA FLOUR MILLS (PRIVATE) LTD. vs CENTRAL BOARD OF DIRECT JUDGMENT

Headnotes

Case cited as 1971 PTD 97

Judgment Text

Court Name: Madras High Court Judge(s): K. Veeraswa mi, Ramaprasada Rao Title:SOUTH INDIA FLOUR MILLS (PRIVATE) LTD. vs CENTRAL BOARD OF DIRECT JUDGMENT Reported As: 1971 PTD 97 Result: petition is allowed Judgment JUDGMENT VEERASWAMI, J.-This petition under Article 226 of the Constitution is to quash an order of the first respondent, the Central Board of Revenue, dated April 26, 1962. The petitioner is a private limited company and for the assessm ent year 1959-60, it was charged to a penal interest of Rs,. 9,176'09 under section 18-A(6) and (7) of the Income-tax Act,. 1922. That order was dated September 1, 1960. On August 30, 1961, an applica--petition was filed before the Commissioner of Income-tax to revise the order of the Income-tax Officer relating to the penal interest but it was dismissed by him on November 30, 1961, on a technical ground. He posed for his decision two points : (1) in regard to the validity of 'the revision petition and (2) whether the levy of penal interest was justified on the facts and circumstances of the case. On his view on the first point, he did hot decide the second. He thought that a revision under proviso (c) to section 33-A(2) of the Act would not lie to him. In taking that view he purported to follow C. Gnanasundara Nayagar v. Commissioner of Income-tax ((1961) 41 I T R 375 On that view, the petition is allowed. We may mention that the affidavit in support of the petition covers the merits of the levy of penal interest. But inasmuch…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.