High CourtsDivision Bench(1970) 07 MAD CK 0022

R. Sundaresa Iyer and Sons vs Board of Revenue (C.T.) and Another

Madras High Court · Decided on 9 July 1970 · Citation: (1971) 28 STC 430

HON’BLE JUDGES
Veeraswami, C.J · Gokulakrishnan, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 1999 of 1970

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Judgment

8 paragraphs · 167 words

Veeraswami, C.J.—Certain irregularities were discovered on a surprise inspection in the business premises of the petitioner which amounted

to an offence. The petitioner had an option whether to face prosecution or to compound. It chose the latter and paid a fine of Rs. 750. Its

explanation had been called for but after a consideration of it, the department declined to accept it. The appellant had the further opportunity of

presenting his case in the revision petitions. But they failed. We are unable to see any error. The apprehension of the petitioner is that the findings in

the compounding proceedings might prejudice it in the assessment proceedings. We do not think that this will be necessarily so. The facts found in

the compounding proceedings may not by themselves be material in the assessment proceedings. The assessing authority will have to rest the

assessment in the light of the materials themselves which he will have to judge with a fresh mind.

2.

On that view, the petition is dismissed.