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1 - 10 of 12 (0.64 seconds)Section 34 in Income Tax Rules, 1962 [Entire Act]
Income Tax Rules, 1962
The Income Tax Act, 1961
Section 23 in Income Tax Rules, 1962 [Entire Act]
Section 27 in Income Tax Rules, 1962 [Entire Act]
S.C. Prashar And Anr. vs Vasantsen Dwarkadas And Ors. on 5 October, 1955
The assessment of tax had according to the law at the rele-
vant time. in force, ordinarily, to be completed by the
Income-tax Officer within four years from the last date of
the year of assessment in which the income, was first
assessable. But to this
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rule there were several exceptions. If the assessment had
to be made on the assessee or any person 'm consequence of
or to give effect to any findings or direction contained in
an order of the Appellate Assistant Commissioner or of the
Appellate Tribunal or of the Commissioner in revision or of
an order made in a reference, the assessment could be made
even after the expiry of the four years. The exception
applied to an assessment made against the assessee or any
person in consequence of, or to give effect to any finding
or direction contained in the order of any superior
tribunal, or 'the High Court or this Court. This Court in
S. C. Prashar and another v. Vasantsen Dwarkadas and
others(1) held that the second proviso to s. 34(3) of the
Incometax Act, 1922, insofar as it authorised the assessment
or reassessment of any person other than the assessee after
the expiry of the period of limitation specified in s. 34 in
consequence of or to give effect to a finding or direction
given in an appeal, revision or reference arising out of the
proceeding in relation to the assessee violated the
provisions of Art. 14 of the Constitution and was invalid to
that extent.