1969 (1) TMI 2 - SC - Income Tax

An order directing payment of additional super-tax by the respondent-company passing u/s. 23A of Indian IT Act 1922 after four years of assessment year was not barred of limitation - Revenue s appeal is allowed

Summary

The Supreme Court held that an order passed under section 23A of the Income-tax Act, 1922, directing payment of additional supertax is not an order of assessment. The period of limitation under section 34(3) does not apply to such orders. The appeal was allowed, and the order passed by the High Court was set aside. The appellant was entitled to costs.