https://www.taxtmi.com/caselaws?id=278353 Obiter observations in an earlier writ proceeding on section 34 of the Indian Income-tax Act, 1922 did not bind the Income-tax Officer and did not operate as res judicata or estoppel, because they were not essential to that decision. Reassessment under section 34 could be initiated only after the officer, on a fair and quasi-judicial consideration of the available material and after giving the assessee an opportunity to explain, reached a prior satisfaction that income had escaped assessment. A notice issued without that prior determination was without jurisdiction, and the reassessment proceedings were invalid. en-us Thu, 24 Feb 1938 00:00:00 +0530 Sat, 21 Mar 2020 14:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=278353 Obiter observations in an earlier writ proceeding on section 34 of the Indian Income-tax Act, 1922 did not bind the Income-tax Officer and did not operate as res judicata or estoppel, because they were not essential to that decision. Reassessment under section 34 could be initiated only after the officer, on a fair and quasi-judicial consideration of the available material and after giving the assessee an opportunity to explain, reached a prior satisfaction that income had escaped assessment. A notice issued without that prior determination was without jurisdiction, and the reassessment proceedings were invalid. Case-Laws Income Tax Thu, 24 Feb 1938 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=278353