1968 (2) TMI 11 - HC - Income Tax

Power of the ITO - power of the ITO has got to be exercised only during the pendency of the appeal before the AAC - Once that appellate authority disposes of the appeals, the power of the ITO to treat the petitioner as not being in default in respect of the relative amounts of tax in the appeals comes to an end

Summary

The High Court of Madras dismissed the petition of a private limited liability company challenging the demand for payment of penal super-tax. The company was assessed to income tax and failed to obtain relief through appeals. The court held that the respondent's power to exempt the company from default ends once the appeals are disposed of. The petition was dismissed with costs.