SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1974 Supreme(Del) 243

B.C.MISRA, V.S.DESHPANDE
VASHIST BHARGAVA – Appellant
Versus
INCOME TAX OFFICER, SALARY CIRCLE – Respondent


Advocates Appeared:
B.Kirpal, N.D.KARKHAMI, P.V.KAPUR, S.C.Manchanda, URMILA KAPUR

V. S. DESHPANDE, J.

( 1 ) TWO questions are raised by this writ petition. The first relates to the true meaning of the word "information" in section 147 (b) of the Income-Tax Act, 1961 (hereinafter called "the Act" in short ). This has received enough attention in judicial decisions to produce a conflict between them. The resulting uncertainty makes further discussion necessary. The second is so fundamental as to require careful consideration to reach a definitive conclusion. It is this :-Can the writ Court refuse to grant the relief to a petitioner on such grounds as (a) his conduct, or (b) he has not suffered any injustice, or (c) that the grant of the relief to him would result in injustice.

( 2 ) THE petition raising these questions is filed by the petitioner who belonged to the former Indian Civil Service was a former Chief Justice of a High Court and is now a retired Judge of the Supreme Court on the following facts :-

THE petitioner took a loan of Rs. 65,000 from his Provident Fund as a non-refundable advance in 1958-59 and spent it along with his own Rs. 13,000 in buying and re-constructing a house at Allahabad. He sold the said house in 1967 for Rs. 1,25,000 without obtaini















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top