COMMISSIONER OF INCOME TAX Vs. BANARSILAL RAJGARHIA

JUDGEMENT

(1.) AT the instance of the commissioner of Income-tax, Bihar and Orissa, Patna, the Income-tax Appellate Tribunal has, under section 66 (1) of the Indian Income-tax Act, 1922, drawn up a statement of the case and referred to this court to decide the following questions of law :

(2.) ON receipt of the information that a house had been purchased in the name of the assessees wife, Shrimati Maghi Devi, since deceased, for Rs. 35,000 on June 19, 1947, the Income-tax Officer issued a notice under section 34 of the Income-tax Act to the assessee. The said notice was served on March 14, 1956. In the notice it is stated :

(3.) LEARNED counsel for the assessee has placed strong reliance upon a decision of the Calcutta High Court in Commissioner of Agricultural Income-tax v. Sultan Ali Gharami, the decision of the Bombay High Court in Commissioner of Income-tax v. Ramsukh Motilal, the decision of this court in Commissioner of Income-tax v. Maharaja Pratap Singh Bahadur and the decision of the Supreme Court in Y. Narayana Chetty v. Income-tax Officer.