KUNWAR TRIVIKRAM NARAIN SINGH versus STATE OF UITAR PRADESH AND OTHERS

KUNWAR TRIVIKRAM NARAIN SINGH versus STATE OF UITAR PRADESH AND OTHERS

The Collector's order on the review application had the effect of restoring the earlier proceedings; no question of limitation could arise because those proceedings were initiated in time and must be deemed to have been pending throughout, and the fresh assessment was made in those very proceedings.

Parties
Appellant: Kunwar Trivikram Narain Singh; Respondents: State of Uttar Pradesh and Others
Jurisdiction
India
Judgment Date
25 September 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Decree of the Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Retrospective Operation of Statutes, Jurisdiction of Taxing Authorities, Limitation in Tax Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Kunwar Trivikram Narain Singh

Appellant

State of Uttar Pradesh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Decree of the Allahabad High Court

  1. 1 Whether the fresh assessment made by the Assistant Collector pursuant to the retrospective amendment was barred by limitation
  2. 2 Effect of retrospective amendment on jurisdiction of Additional Collector under the U.P. Agricultural Income-tax Act

Ratio Decidendi

The Collector's order on the review application had the effect of restoring the earlier proceedings; no question of limitation could arise because those proceedings were initiated in time and must be deemed to have been pending throughout, and the fresh assessment was made in those very proceedings.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs