The Tax Recovery Officer and Ors. v. Bhishma Pithamaha - (High Court of Karnataka) (11 Aug 2015)

Court to not entertain petition under Article 226 if bona fides of Petitioner in doubt

MANU/KA/2107/2015

Direct Taxation

In a case where the Bhishma Pithamaha challenged tax notices issued against another person, the Court held that the petition under Article 226 of the Constitution should not be entertained as the Petitioner was a stranger to the notices. Though the Bhishma Pithamaha had claimed that the money in the noticee's account was his own, the Court was unable to find any confirmed right proving the same. The Court reiterated that it has the right to refuse exercise of its jurisdiction under Article 226 if 'the petitioner has not come with clean hands', and equity is not in favour of the petitioner.

Relevant : Article 226 Constitution of India, 1950 Act

Tags : TAX ARTICLE 226 NOTICE