Law:

Section:

Constitution of India-----Article 136 (Constitution of Pakistan, Article 160)-Appeal to the Supreme Court by special leave of the Court-Whether should be limited to the violation of rules of natural justice or like causes-Income-tax Act, 1922, S. 23 (3)­Whether assessment on a pure guess without reference to any evidence or material valid. The limitations on the power conferred by Article 136 cannot be defined with precision. It being an exceptional and overriding power has to be exercised sparingly and with caution and only in special and extraordinary situations. Beyond that it is not possible to fetter the exercise of this power by any set formula or rule. The constitution having trusted the wisdom and good sense of the Judges of the Supreme Court that its. If is a sufficient safeguard and- guarantee that the power will only be used to advance the cause of justice and, that its exercise will be governed by well established principles which govern the exercise of overriding constitutional powers When the Court reaches the conclusion that a person has been dealt with arbitrarily or that a Court or Tribunal within the territory has not given a fair deal to a litigant then no techni­cal hurdles of any kind like the finality of finding of facts or otherwise can stand in the way of the exercise of this power because the whole intent and purpose of this article is that it is the duty of the Court to see that injustice is not perpetuated or perpetrated by decisions of Courts and Tribunals because certain laws have made the decisions of these Courts or tribunals final and conclusive. In making the assessment under subsection (3) of section 23 of the Act, the Income-tax Officer is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. There must be something more than bare suspicion to support the assessment under section 23 (3). Seth Gurmukh Singh v. Commissioner of Income-tax (1944) 12 I T R 393 approved. JUDGMENT MEHR CHAND MAHAJAN, C. J.-----The appellant is a public limited joint stock company incorporated under the Indian Companies Act, 1913, with its registered office at Calcutta. It carries on the…

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