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Hari Vishnu Kamath vs Syed Ahmad Ishaque And Others on 9 December, 1954

There is one further difficulty in the petitioners way. It was undoubtedly open to the Income-tax Officer to proceed to recover the tax demand by the issue of a notice under section 46(5A). At worst, he committed an error of law in seeking to proceed against property, namely, the rents and profits of the house in question, which, according to the petitioner, is not an asset of the deceased, but in order to entitle the petitioner to relief, it was necessary for him to show further that the error of law was such as could be characterized as self-evident or apparent from the record. Unless the error fell in this class, the petitioner could not get relief by a writ of certiorari. This has been so held by the Supreme court in Hari Vishnu Kamath v. Ahmad Ishaque and Satyanarayan Laxminarayan Hegde v. Mallikarjun Bhavanappa Tirumale.
Supreme Court of India Cites 24 - Cited by 1109 - Full Document

Satyanarayan Laxminarayan Hegde And ... vs Millikarjun Bhavanappa Tirumale on 25 September, 1959

There is one further difficulty in the petitioners way. It was undoubtedly open to the Income-tax Officer to proceed to recover the tax demand by the issue of a notice under section 46(5A). At worst, he committed an error of law in seeking to proceed against property, namely, the rents and profits of the house in question, which, according to the petitioner, is not an asset of the deceased, but in order to entitle the petitioner to relief, it was necessary for him to show further that the error of law was such as could be characterized as self-evident or apparent from the record. Unless the error fell in this class, the petitioner could not get relief by a writ of certiorari. This has been so held by the Supreme court in Hari Vishnu Kamath v. Ahmad Ishaque and Satyanarayan Laxminarayan Hegde v. Mallikarjun Bhavanappa Tirumale.
Supreme Court of India Cites 18 - Cited by 568 - Full Document
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