https://www.taxtmi.com/caselaws?id=200790 An assessment could not be sustained at the maximum rate under the first proviso to Section 41(1) of the Indian Income-tax Act, 1922, because the amendment enlarging that provision was not in force when the assessment order was made. The unamended section then applicable did not extend to the executor or testamentary trust arrangement involved, so the provision could not be invoked to justify the levy. A later amendment could not validate an assessment completed on a wrong legal basis. The issue was resolved against the Revenue and in favour of the assessee. en-us Thu, 24 Feb 1944 00:00:00 +0630 Mon, 23 Apr 2018 16:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200790 An assessment could not be sustained at the maximum rate under the first proviso to Section 41(1) of the Indian Income-tax Act, 1922, because the amendment enlarging that provision was not in force when the assessment order was made. The unamended section then applicable did not extend to the executor or testamentary trust arrangement involved, so the provision could not be invoked to justify the levy. A later amendment could not validate an assessment completed on a wrong legal basis. The issue was resolved against the Revenue and in favour of the assessee. Case-Laws Income Tax Thu, 24 Feb 1944 00:00:00 +0630 https://www.taxtmi.com/caselaws?id=200790