ELGIN MILLS COMPANY LIMITED Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) IN this writ petition under Article 226 of the Constitution, the petitioner has challenged the notices dated March 22, 1972 (annexures Nos. 1 to 3 to the writ petition), issued by the INcome-tax Officer under Section 147 of the INcome-tax Act, 1961. These notices relate to the assessment years 1964-65, 1968-69, 1970-71 and 1971-72.

(2.) THE learned standing counsel did not dispute that the notice relating to the assessment year 1970-71 has become infructuous. Hence, it is unnecessary to consider the validity of this notice.

(3.) AT this stage it is not necessary to go into the question whether the information on which the Income-tax Officer has relied would necessarily lead to the conclusion that the retiring benefit paid to the officer was not payable by the assessee-company. What is necessary to consider at this stage is whether this information had not been disclosed by the assessee at the time of the original assessment. The petitioner has not been able to satisfy us that this information had been disclosed to the Income-tax Officer at the stage of the original assessment and there is no reason to doubt the statement of the Income-tax Officer in the reasons recorded by him that this information had not been disclosed to him at the time of the original assessment.