Supreme Court of India

Sheo Nath Singh v. Appellate Assistant Commissioner of Income Tax, Calcutta

Neutral citation
Bench K. S. Hegde J.
Decided 12 August 1971

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In the result, the appeal is allowed and the judgment of the High Court is set aside.

Judgment, page 9

From the headnote

Income-tax Act, 1922. s. 34(1- )-Preconditions for issue of notice-'Reason to believe'-Belief must be of honest and reasonable person and must not be based on mere suspicion­ Court can examine this aspect in writ petition. Supreme Court Appeal-Practice-High Court sustaining preliminary objection to petition under Art. 226 but nevertheless proceeding to decide on merits question of validit.l' of notice under s. 34 (1- )-This Court in appeal is not barred from considering High Court's decision on validity ~l section.

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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