NATARAJAN S Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY these applications under s. 66(1), the assessee requires the Tribunal to draw up a statement and to refer certain questions of law which are said to arise out of the said order. In our opinion, a question of law arises out of the aforesaid Tribunal's order, we draw up a statement of the case, agreed to by both the parties, and refer it to the High Court. As the facts are common a consolidated statement of the case is drawn.

(2.) THE assessee started a film distribution business under the name and style of M/s Zenith Movies on 27th Oct., 1951. Books of account in respect of the above business were closed on 31st October of every year.

(3.) BEFORE the Tribunal it was contended that s. 22(2A) of the IT Act was applicable to a case where an assessee was served with a notice under sub-s. (2) of s. 22 of the Act and the notices issued to the assessee under s. 34 of the IT Act for the three assessment years along with the return forms were notices under s. 22(2) of the Act. The Tribunal for the reasons stated in its order dt. 16th May, 1961, passed I.T.A. Nos. 8790, 8791 and 8792 of 1959-60 negatived the assessee's contentions and dismissed the appeals.... Though the assessee has raised four questions, we consider that the following question is comprehensive enough to bring out the point in issue :