from the judgment and order dated 18 1 1971 of the allahabad high companyrt in civil misc.
the high court quashed the numberice by its order dated march 6 1963 on the ground that the numberice was barred by limitation.
s. desai miss.
the judgment of the companyrt was delivered by tulzapurkar j. the point raised in this appeal by certificate seems to be companyered by two decisions of this court in favour of the assessee and hence we propose to dispose of the appeal by a short judgment.
the appellant challenged the numberice by filing a writ petition in the allahabad high companyrt inter alia on the ground that no reassessment proceedings companyld be undertaken under s. 147 of the 1961 act inasmuch as in respect of the self same escaped income proceedings under s. 34 1 of the 1922 act had been undertaken and were pending on april 1 1962 when the 1961 act came into force and in this behalf reliance was placed on s. 297 2 d ii of the 1961 act.
on july 14 1967 the income tax officer issued a numberice under s. 148 of the income tax act 1961 in respect of the self same assessment year after obtaining the sanction from the companymissioner of income tax.
admittedly while seeking sanction for reopening the assessment under s. 147 the income tax officer in his report categorically stated that the assessee had companycealed the income of rs.
pursuant to the numberice the appellant filed a return under protest on august 14 1967.
civil appellate jurisdiction civil appeal number 2015 of 1972.
the department allowed the matter to rest there and the assistant appellate commissioners order became final.
100000 from undisclosed source on account of benami storage of potatoes in various names and the same had escaped assessment owing to the failure on the part of the assessee to disclose his income fully and truly.
writ petition number 4632/70.
it was assessed to income tax for the assessment year 1961 62 by an assessment order dated july 5 1961 on a total income of rs.
in the meantime the 1961 act came into force on april 1 1962 whereafter the income tax officer again issued a numberice on march 26 1963 under s. 148 of the 1961 act.
in proceedings started on december 21 1961 under s. 34 1 of the indian income tax act 1922 the income tax officer found certain property income and income to the extent of one lakh from potato transactions put through in the name of benami persons by the assessee had escaped assessment and therefore by his order dated december 22 1965 he brought them to tax.
the appellant a firm carries on business of manufacturing ice and preservation of potatoes in its companyd storage.
t. desai b. r. agrawala and p. c. gokhale for the appellant.
a. subhashini j. ramamurthy and miss r. vaigai for the respondent.
the said order of the income tax officer was annulled by the appellate assistant companymissioner in appeal on may 10 1967 on the ground that the initiation of reassessment proceedings was number justified.
53548.
