1969 (9) TMI 16 - HC - Income Tax

Whether, on the facts and in the circumstances of the case, the orders passed under section 23A of the Income-tax Act, 1922, as it stood after its amendment by the Finance Act, 1955, were orders of assessment and, therefore, subject to limitation prescribed under section 34(3) of the Income-tax Act, 1922 - Held, no

Summary

The High Court of Rajasthan ruled that orders passed under section 23A of the Income-tax Act, 1922 were not orders of assessment and not subject to the limitation prescribed under section 34(3) of the Act. The court referred to a Supreme Court decision to support this conclusion. The reference was answered in the negative.