LAWS(CAL)-1978-5-6

PANCHANAN HATI Vs. COMMISSIONER OF INCOME TAX

Decided On May 12, 1978
PANCHANAN HATI Appellant
V/S
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

(1.) At the instance of Sri Panchanan Hati, the assessee, the Income-tax Appellate Tribunal proceeding under Section 256(1) of the Income-tax Act, 1961, has drawn up a statement of case and has referred the following question to this court as a question of law arising out of its order dated the 19th July, 1975 :

(2.) The relevant facts found and/or admitted in these proceedings are of short compass. The assessee is an individual and was assessed to income- tax in the assessment year 1960-61, the relevant previous year being 1366 H.S., under Section 23(3) of the Indian Income-tax Act, 1922. The assessment order was passed on the 20th December, 1961.

(3.) Thereafter, the assessment was sought to be reopened under Section 1,47 of the Income-tax Act, 1961, and a notice under Section 148 was issued and served on the assessee on the 31st March, 1969. The ground for reopening as recorded was as follows :