LADHURAM LAXMI NARAYAN Vs. ADDITIONAL INCOME TAX OFFICER

JUDGEMENT

(1.) BY this application under Article 226 and/or Article 227 of the Constitution of India the petitioner has challenged the notice dated March 10, 1971, issued to him under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), by the Income-tax Officer, respondent No. 1.

(2.) THE petitioner is a partnership-firm registered under the Indian Partnership Act having its head office at Gauhati. For the assessment year 1962-63, the petitioner filed a return showing its total income during the accounting year 1961-62, Ram Navami year 2018. Notice under Section 143(2) of the Act was issued to the petitioner in respect of the assessment year in question and it produced the books of accounts including the books of accounts of all its branches. THE Income-tax Officer, thereafter, passed an order of assessment under Section 143(3) read with Section 182(1) of the Act. THE income of the firm was determined at Rs. 1,09,430 and the allocation of the shares of the partners of the firm was made on the basis of the income so determined and the taxes were assessed and paid accordingly.

(3.) AT this stage it would be convenient to quote the relevant provisions of the Act.