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Income Tax Officer vs Ch. Atchaiah on 11 December, 1995

In this connection, we are inclined to refer the judgement of the Hon'ble Supreme Court in the case of ITO v. Ch. Atchaiah [1996] 218 ITR 239/84 Taxman 630 (SC), has observed that "The Income Tax Officer can, and he must, tax the right person and the right person alone. By 'right person' is meant person who is liable to be taxed, according to law, with respect to a particular income." In the case of hand, the exclusive ownership of the land was vested with the society and the revenue has not disputed the same. The entire basis of the revenue was thatthe consideration received upon the sale of the land was adjusted against the loan taken by the individual and therefore the same should be taxed in the hand is of such individuals after ignoring the fact that the land in dispute was owned by the society.
Supreme Court of India Cites 28 - Cited by 199 - B P Reddy - Full Document
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