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PETITIONER: DEWAN BAHADUR SETH GOPAL DAS MOHTA
Vs.
RESPONDENT: THE UNION OF INDIA AND ANOTHER.
DATE OF JUDGMENT: 21/10/1954
BENCH: MAHAJAN, MEHAR CHAND (CJ) BENCH: MAHAJAN, MEHAR CHAND (CJ) DAS, SUDHI RANJAN HASAN, GHULAM BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA
CITATION: 1955 AIR 1 1955 SCR (1) 773 CITATOR INFO : R 1955 SC 257 (2) R 1959 SC 149 (16,30,51,52) HO 1961 SC1457 (6)
ACT: Constitution of India, Art. 32-Taxation on Income (Investigation Commission) Act, 1947 (XXX of 1947) s. 5(1)- Investigation and Report by Commission in respect of profits made by assessee and tax payable by him-Mutual settlement between assessee and Government-Petition under Art. 32- Whether competent.
HEADNOTE: The petitioner, a business man, was alleged to have made huge profits during the years of War and the Central Government acting under s. 5(1) of the Taxation on Income (Investigation Commission) Act, 1947 (XXX of 1947) referred his case to the Investigation Commission for investigation and report. During the pendency of the investigation the petitioner’s application for settlement under the provisions of s. 8-A of Act XXX of 1947 was accepted by the Central Government and in pursuance thereof the tax was made payable by installments and the claim for evaded income-tax was thus finally settled be mutual agreement. Wh...