RAMSWARUP BHAWSINKA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THESE are four applications under Article 226 of the Constitution asking for writs of certiorari to quash the demands raised by the Income-tax Officer, Ward "D". Cuttack, by way of interest payable by the assessee under Sections 139 and 217 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), and the orders in revision passed under Section 264(1) of that Act by the commissioner of Income-tax upholding part of the demand in respect of four assessment years 1964-65, 1965-66, 1966-67 and 1967-68. The petitioner who is the assessee under the Act happens to be the karta of a Hindu undivided family.

(2.) THE assessee made a disclosure of his income under Section 27I(4A) of the Act before the Commissioner of Income-tax, Bihar and Orissa at Patna, on January 25, 1968. About two months thereafter, the assessee filed returns under Section 139(4) of the Act for the aforesaid four years. THE Commissioner of Income-tax, opposite party No, 1, on March 21, 1972, arrived at a settlement with the assessee (vide annexure "6"). THE main terms thereof were these: