TARAK NATH BAGCHI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE applicant is the receiver appointed by this Court in respect of the assets of a business which was conducted in the name of M/s P.M. Bagchi & Co. THEre are several branches of this business at various places in Calcutta including one at No. 19 and 19/1, Gulu Ostagar Lane, and another at No. 14, Clive Street, Calcutta ; the former is within the area of the ITO of District No. 1 (2) and the latter within the area of the ITO of District No. 5. It is said that the principal place of business was at Gulu Ostagar Lane, Calcutta. Proceedings having been taken with respect to this business of which, at one time, a man named Panchanan Bagchi was the sole proprietor and the applicant having been appointed receiver, he entered upon his duties and took possession of the assets on the 18th July, 1935.

(2.) IN this matter before us, the CIT, Calcutta, is showing cause against a rule nisi granted by this Court on the 12th Jan., 1944, requiring the Tribunal to refer to this Court certain questions which the applicant alleges arose out of its decision with regard to the assessment of the profits of the business for the year 1935-36. The questions with which the rule nisi is concerned relate to the notice given under ss. 34/22(2) of the INdian IT Act and to the assessment made upon the notice. There also arises, in connection with those questions, consideration of the transfer by one ITO to another officer of the file relating to the assessment of the profits of the business. Originally, the ITO of District No. 1(2) had in his jurisdiction the assessment of the profits of the business.

(3.) THE principal argument arises upon the provisions of s. 64 of the Indian IT Act. THEse are as follows :