ANANDRAM GAJADHAR Vs. COMMISSIONER OF INCOME TAX CENTRAL

JUDGEMENT

(1.) The questions with which we are concerned in this reference under Section 66(1) of the Indian Income-tax Act, 1922, at the instance of Messrs. Anandram Gajadhar, the assessee, are as follows :

(2.) The facts which have been found or admitted are as follows : The assessee was assessed to excess profits tax under the Excess Profits Tax Act for the chargeable accounting periods ending respectively on the 13th April, 1943, the 1st April, 1944, and the 18th April, 1945, for Rs. 4,49,802.66, Rs. 4,71,399 and Rs. 63,375. A notice of demand in respect of each assessment was served on the 28th November, 1961, calling upon the assessee to pay the assessed tax on or before the 30th November, 1961. The said taxes, however, remained unpaid.

(3.) After issue of three show-cause notices on the assessee on the 24th July, 1963, the Excess Profits Tax Officer passed three orders under Section 46(1) of the Indian Income-tax Act, 1922, read with Section 21 of the Excess Profits Tax Act, 1940, and levied penalties respectively of Rs, 22,000, Rs. 23,500 and Rs. 3,000 in respect of the said unpaid demand. It was stated in each of the said orders that the tax along with the penalty should be paid on or before the 10th April, 1964, and that a demand notice with challans would be issued to the defendant,