NARAYANAN Vs. COMMISSIONER OF INCOME-TAX

JUDGEMENT

(1.) This is a reference by the Commissioner of Income Tax, Mysore, Travancore-Cochin and Coorg, Bangalore, under S.109 (2) of the Cochin Income Tax Act, VI of 1117. The questions referred are:

(2.) S.44 of the Cochin Income Tax Act, VI of 1117 deals with income escaping assessment. Sub-s.(2) of that section (omitting the proviso) reads as follows:

(3.) S.38 (1) of the Cochin Income Tax Act, VI of 1117, (omitting the proviso) is in the following terms: