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1986 Supreme(Kar) 424

K.S.PUTTASWAMY, R.S.MAHENDRA
Mysore Kirloskar Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate appeared:
Mr. G. Sarangan, for the Appellant
Mr. K. Srinivasan, for the Respondent

JUDGMENT

Puttaswamy, J.—As the petitioners in all these cases have challenged certain provision of the Income Tax Act of 1961 (Central Act 43 of 1961) ("the Act"), on grounds that are common, we propose to dispose of them by a common order.

2. The first petitioner in each of Writ Petitions Nos. 7399, 8785 of 1984, 1237, 1238, 1269 and 1623 of 1985, who are the principal petitioners, are either public or private limited companies incorporated under the Companies Act, engaged in carrying on one or the other businesses detailed in their respective writ petitions. The second petitioner in each of them are either directors or shareholders of the respective companies, who have joined to avoid technical objections based on the challenge to article 19 of the Constitution. We will, therefore, treat the first petitioner in each of them as the petitioner. The other petitioners in all other cases are partnership firms engaged in carrying on one or the other businesses detailed in their respective petitions. All the petitioners are assessees under the Act on the file of the concerned Income Tax Officer of the area.

3. The petitioners have challenged the validity of sections 37(3A), 40A(8), (9),

































































































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