LAXMI NARAIN AGARWAL Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THIS is a writ petition under article 226 of the Constitution.

(2.) IT appears that an appeal in respect of the assessment for the year 1949-50 went up before the Income-tax Appellate Tribunal, which the Tribunal disposed of by an order dated April 9, 1959. IT appears that in this appeal five items were involved, two of Rs. 15,000 each, credited in the books of the petitioner on January 23, 1948, and January 28, 1948, respectively. The Tribunal recorded the finding that, as these two items were sought to be included in the assessment year 1949-50, on the ground that they were the income of the assessee from undisclosed sources, the correct year for inclusion of such income was 1948-49, which was the assessment year succeeding the previous year in which these two sums of money were found entered in the account books of the petitioner.

(3.) IT has not been sought to be argued on behalf of the income-tax department that if the proviso is not applicable the notices are not beyond time.