<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1964 (9) TMI 2 - ALLAHABAD High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=6672</link>
    <description>A writ petition based on facts required a supporting affidavit from personal knowledge; an affidavit by a pairokar on information and belief was treated as insufficient to invoke extraordinary writ jurisdiction. Under section 226(3)(vi) of the Income-tax Act, an objection that the demand was not due had to be made on oath at the prescribed stage before the recovery certificate issued; a belated denial did not compel suspension of recovery once the certificate machinery had begun. Non-compliance with the Second Schedule notice requirements was treated as a procedural irregularity where the assessee had actual prior knowledge and no prejudice was shown. The availability of an alternative statutory appeal also weighed against writ relief.</description>
    <language>en-us</language>
    <pubDate>Wed, 30 Sep 1964 00:00:00 +0530</pubDate>
    <lastBuildDate>Sun, 01 Feb 2009 05:18:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=45753" rel="self" type="application/rss+xml"/>
    <item>
      <title>1964 (9) TMI 2 - ALLAHABAD High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=6672</link>
      <description>A writ petition based on facts required a supporting affidavit from personal knowledge; an affidavit by a pairokar on information and belief was treated as insufficient to invoke extraordinary writ jurisdiction. Under section 226(3)(vi) of the Income-tax Act, an objection that the demand was not due had to be made on oath at the prescribed stage before the recovery certificate issued; a belated denial did not compel suspension of recovery once the certificate machinery had begun. Non-compliance with the Second Schedule notice requirements was treated as a procedural irregularity where the assessee had actual prior knowledge and no prejudice was shown. The availability of an alternative statutory appeal also weighed against writ relief.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Wed, 30 Sep 1964 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=6672</guid>
    </item>
  </channel>
</rss>