GOVINDRAM SEKSARIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE facts necessary to be stated by way of introduction are few. THE assessment year is the year 1935-36, and the assessees was assessed as the statutory agents, under Section 43 of hate Income-tax Act, of one Mahavirprasad Vishwanath. For the assessment year 1932-33 a notice had been given under Section 43, and the assessees had been held to be the statutory agents. No fresh notice was given in subsequent years, but the assessees were assessed at such agents, and in respect of the relevant year 1935-36, they were assessed as statutory agents on March 25, 1936, and the tax was paid. On the March 19, 1937, notice was issued on the assessees under section 22(2) and Section 34, alleging that some income for which they were liable as such agents had escaped assessment. THE assessment order on that supplementary assessment was made on the January 3, 1940 under section 23(4), that is to say it was a best judgment assessment.

(2.) THE first question raised is :-

(3.) THE third questions is :-