ASHOKA SARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Civil Writ No. 307-D of 1954 and Civil Writ No. 308-D of 1954 under Article 226 of the Constitution involve same facts and same points and it will be convenient to decide them by this one judgment. THE petitioners in Civil Writ No. 307-D are the son and the widow of late Raghunandan Saran, and the other petition has been filed by Raghubir Saran.

(2.) TAXATION on Income (Investigation Commission) Act, 1947 (30 of 1947) received the assent of the Governor General in Council on 18-4-1947, and on 15-5-1948, the Central Government referred to the Commission under Section 5 of the Act the cases of these two brothers and of their concerns for investigation and report.

(3.) THE second portion of the report deals with a period subsequent to 31-3-1948. THE assessees disclosed certain items of concealed Income relating to the period 1-4-1948 to 31-3-1949, i.e., the assessment year 1949-50 and these items have been included in the settlement with an under taking that no penalty shall be imposed regarding these items. THE report, however, specifically states: