issued numberices to the appellants under s. 34 1 a of the Act seeking to reopen the assessments already finalised.
1 this Court laid down 1 that to companyfer jurisdiction under s. 34 to issue numberice in respect of assessments beyond the period of four years, but within a period of eight years, from the end of the relevant year, two companyditions had to be satisfied.
D. Karkhanis, Rameshwar Nath and Seita Vaidialingam for the respondents.
C. Manchanda, B. B. Ahuja, S. P. Nayar and R. N. Sachthey for the appellants.
Appeals by certificate from the judgment and order dated September 9, 1968 of the Delhi High Court at New Delhi in Civil Writs Nos.
The Judgment of the Court was delivered by HEGDE, J. These appeals by certificate arise from several writ petitions filed by the H.U.F. M s. Rai Singh Deb Singh Bist and its Karta Thakur Mohan Singh Bist, challenging the validity of certain numberices issued under s. 34 1 a of the Indian Income tax Act, 1922 in short the Act by the Income tax Officer, Central Circle 1, Delhi.
He had taken large tracts of forests for felling trees in Nepal.
The Income tax Officer went into the genuineness of the cash credit entries standing in the name of the alleged creditors of the assessee as well as to the alleged amount due to one of them.
The High Court of Delhi allowed those writ petitions and quashed the impugned numberices.
23 92 to 2403 of 1969.
The validity of those numberices is in issue.
67 to 78 of 1968.
With regard to the assessment for the assessment years 1943 44 to 1949 50, the final assessments were made in pursuance of an agreement or settlement arrived at between the assessee and the Deputy Director of Inspection Investigation New Delhi on October 18, 1954 Long after the assessments in question were final ised, the Income tax Officer.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The assessees account books showed companysiderable cash credits in the name of the brothers in law of the 2nd respondent, the Karta of the U.F. Those alleged creditors were living in Nepal.
The assessee was a forest companytractor.
The assessee in these cases is an H.U.F. The assessment years with which we are companycerned in these appeals range from 1942 43 to 1953 54.
Hence these appeals.
The assessee filed its returns for these years in due time.
In Calcutta Discount Co. Ltd. v. Income tax Officer, Com panies District 1.
The account books also showed certain credit entries in the name of Rana Anand Nar Singh, alleged to be in companynection with expenses incurred by him for getting trees cut on behalf of the assessee.
Calcutta and anr.
The companytention of the assessee was substantially accepted either by the Appellate Assistant Commissioner or by the Revenue Appellate Tribunal.
