GANESH OIL MILLS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This appeal by-the assessee by special leave arises from Judgment and Order passed by the Division Bench of the High Court Division to which a reference was made under section 17 (1) of the Sales Tax Act by the Income Tax Appellate Tribunal.

(2.) Facts necessary for the disposal of the appeal are that the assessee is a firm which crushed Til Oil and the original assessment was made on 31-12-58 under section 10(3) of the Sales Tax Act. A revision petition was filed and a reduction in turnover was allowed under section 16(2). It, however, transpired that sales of Til oil and Linseed oil had escaped assessment in the original assessment made on 31-12-58. This mistake, first, which according to the Sales Tax Officer was apparent from the records and a letter was issued on 25th August, 1 962 proposing rectification of the assessment under section 30(1) of the said Act. The assessee on the same date stated that he had "no objection to the proposed rectification under section 30(1)".

(3.) The Sales Tax Officer accordingly passed a rectified order on 12-9-62 pointing out that sale of Til oil and Linseed oil amounting to Rs. 1.36,107 adopted in the corresponding income-tax assessment had escaped assessment' of Sales Tax. The assessee preferred an appeal before the Appellant Assistant Commissioner, who rejected it and thereafter an appeal was preferred before Income Tax Appellate Tribunal Dacca Bench, Dacca. The said Tribunal rejected the appeal upholding the assessment order of the Sales Tax Officer.