High CourtsDivision Bench(1940) 07 MAD CK 0006

Kamakshi Chetti vs A.S. Alaganan Chettiar

Madras High Court · Decided on 29 July 1940 · Citation: AIR 1941 Mad 73(1) : (1940) 52 LW 430 : (1940) 2 MLJ 468

HON’BLE JUDGES
Wadsworth, J

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Judgment

4 paragraphs · 112 words

Wadsworth, J.—There is nothing in Section 27 of Madras Act IV of 1938 to warrant the view that a certificate given by a local board is

conclusive of the facts which it states. It is open to the other side to let in evidence that the certificate is not true - whether the error alleged relates

to the amount of the tax or the nature of the income in respect of which it was levied. The petition is allowed and remanded to the trial Court for

disposal in the light of this judgment after receiving such Evidence as the parties may adduce. The costs of this petition will abide by the result.