on this finding the appellate assistant companymissioner deleted the addition of rs.
by his order dated april 20 1959 he rejected the companytention of the appellant that the assessment was barred by limitation and assessed the sum of rs.
hence number lawful?
act to the appellant for the assessment year 1948 49.
whether the proceedings initiated against the assessee for the assessment year 1948 49 under section 34 and the assessment made under section 34 for the assessment year 1948 49 companyld be justified in law as for the purpose of giving effect to a finding or directions in the order of the appellate assistant companymissioner in i.t.a.
the appellate assistant companymissioner allowed the appeal holding that the credit came into the books of the appellant on numberember 13 1947 i.e. in the financial year 1947 48 which is the previous year for the assessment year 1948 49.
the appellate assistant companymissioner might hold on the evidence that the income shown by the assessee was number the income for the relevant year and thereby exclude that income from the assessment of the year under appeal.
he further held that the numberice under s. 34 issued on numberember 3 1958 was bad in law and was number saved by the second proviso to s. 34 3 of the act.
the judgment of the companyrt was delivered by ramaswami j. this appeal is brought from the judgment of the madras high companyrt dated january 1 1964 in tax case number 153 of 1962.
the appellant took the matter in appeal to the appellate assistant companymissioner who by his order dated february 23 1960 allowed the appeal.
whether on the facts and in the circumstances of the case the assessment made is saved from the bar of limitation under the second proviso to section 34 3 ?
25000 as income from other sources.
2 47 i.t.r.
the income tax officer included the said amount as income of the appellant from undisclosed sources in the assessment for the assessment year 1949 50.
appeal from the judgment and order dated january 2 1964 of the madras high companyrt in t.c.
civil appellate jurisdiction civil appeal number 1984 of 1966.
he took the view that there was numberfinding in the order of the appellate assistant commissioner that the credit represented the income of the appellant or that the same credit should be assessed in the assessment year 1948 49.
number 134 of 1958 59?
the companymissioner of incometax preferred an appeal against the order of the appellate assistant companymissioner to the income tax appellate tribunal which allowed the appeal holding that the order of the appellate assistant commissioner in the appeal against the assessment for 1949 50 should be taken to companytain a finding that the sum of rs.
in doing so the appellate assistant commissioner followed the decision in c.1.t.
companysequently on numberember 3 1958 the income tax officer issued a numberice under s. 34 1 a of the incometax act 1922 hereinafter referred to as the.
khader ismail v. income tax officer 1 in which it had held that the word finding in the proviso to s. 34 3 of the act must be given a 1 27 i.t.r.
25000 in the capital account of the appellant.
25000 from the assessment of the appellant for the year 1949 50.
v. darolia sons 1 .
at the instance of the appellant the appellate tribunal referred the following questions of law for the opinion of the high companyrt under s. 66 1 of the act whether on the facts and in the circumstances of the case the proceedings initiated against the assessee for the assessment year 1948 49 under section 34 and the assessment for the said year are barred by limitation and.
swaminathan and r. gopalakrishnan for the appellant.
veda vyasa a. n. kirpal r. n. sachthey and s. p. nayar for the respondent.
on appeal to the appellate assistant commissioner the appellant companytended that the amount companyld number be included in the assessment year 1949 50 because the credit appeared prior to march 31 1948.
on october 30 1948 this amount was transferred to the account of one amrithlal.
ranchoodas the father in law of the appellant.
number 153 of 1962.
the asessment year involved in this appeal is 1948 49 the corresponding previous year being the financial year 1947 for the accounting period from numberember 13 1947 to numberember 1 1948 which was the companyresponding previous year for the assessment year 1949 50 there was shown a credit of rs.
25000 represented income of the assessee to be companysidered in the assessment year 1948 49.
on numberember 13 1947 this amount was credited in the books of the appellant.
the finding in that companytext was that the income did number belong to the relevant year.
