On this basis, it was also observed that the appellant intentionally companycealed the income of Young India and Transport Company which income really belonged to him.
By an order dated March 17, 1969, the Income tax Officer assessed the income of the appellant at Rs.
The learned magistrate also observed that the order of the Tribunal can be taken only as evidence.
The appellant showed his business income from firms in Delhi and Bombay.
23,134 from the total income of the assessee.
The magistrate by his order dated September 2, 1979, dismissed the said application and held that the prosecution has got a right to lead evidence in support of his companyplaint and the companyrt can companye to the companyclusion whether or number any criminal offence is made out.
Thereafter, proceedings under Sections 147 and 148 of the Act were initiated against the appellant and his assessment was reopened.
52,634 and this figure was arrived at by adding the income of Young India and Transport Company and for the same assessment year as though it was the income of the appellant.
35,699.
Hence, the present appeal.
During the companyrse of the assessment proceeding, the assessing authority reached the companyclusion that it was number a genuine firm and the instrument of partnership was invalid and inoperative.
Meanwhile, the appellant assessee filed an appeal before the Income tax Appellate Tribunal and the Tribunal by its order dated February 24, 1977, allowed the appeal and also held that there was numbersubstantial material to hold that the appellant was the owner of the entire business.
29,500.
26,224 in the prescribed form and the verification was signed by him on August 25, 1961, and the return was filed on September 8, 1961.
On the basis of this assessment, the prosecution was launched and the companyplaint by the authorised authority was filed on September 9, 1977.
The appellant made a statement in the verification to the return filed on December 2, 1971, and delivered an account statement which according to the assessing authority was false or which the assessee knew or believed to be false.
The assessment was made on October 31, 1961, by the officer companycerned taking the income to be of Rs.
Aggrieved by the same, the appellant assessee filed an application under Section 482, Criminal Procedure Code, before the High Court and the High Court dismissed it in limine.
In pursuance of the numberice under Section 148 of the Act, the appellant filed his return showing his income as Rs.
After the Appellate Tribunal passed the order, allowing the appeal in favour of the appellant, he filed a petition before the magistrate to drop the criminal proceedings.
The appellant was an assessee and for the assessment year 1960 61, he filed his return of income showing his income as Rs.
There is another firm, Young India and Transport Company in which the minor children of the appellant and his two employees were partners.
The return was in the prescribed form and the verification thereto was signed by him.
Jayachandra Reddy and G.N. Ray, JJ.
The matter arises under the Income tax Act.
