HABIBULLAH S K Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THE petitioner is the son of the late S. K. Mohideen, hereinafter referred to as the assessee. THE assessee was a partner of Dinshaw and Co., and of the firm Palaniappa Chettiar (Jupiter Pictures) among other concerns. THE assessment of Mohideen for the assessment years 1946-47 and 1947-48 was completed on 20-2-1950. By that date the assessment of the firm ot Palaniappa Chettiar for 1947-48 and that of Dinshaw and Co. for the years 1946-47 and 1947-48 had not been completed, Mohideen's assessment was, however, completed, accepting provisionally his estimates of his share of the losses of those two partnership concerns. THE assessee's share of the losses of Dinshaw and Co., was shown as Rs. 20,000 for 1946-47 and as Rs. 10,000 for 1947-48, and his share of the losses in the firm of Palaniappa Chettiar for 1947-48 was shown as Rs. 12,436.

(2.) THE assessment of Dinshaw and Co., for both the years was completed on 31-10-1950. As against the Rs. 20,000 provisionally accepted as the assessee's share of the loss for 1946-47, Rs. 15,839 was ascertained as his share. For the assessment years 1947-48 the assessee's share of the loss was ascertained as Rs. 1,046; the provisional basis for assessment was Rs. 10,000. THE assessment of the firm of Palaniappa Chettiar for 1947-48 was completed on 30-0-1951 when the assessee's share of the losses was determined as Rs. 2,009 as against the provisionally accepted figure of Rs. 12,346.

(3.) THE principal contention of the learned counsel for the assessee was that the provisions of Section 35 (5) could not be applied to any assessment completed before 1-4-1952. He relied on K. Lakshminarayana Chetti v. First Addl, Income-tax Officer Nellore, 1956-29 ITR 419: (AIR 1957 Andh-Pra 159) (A).