Guwahati Court November 1977 Judgments

Shankarlall Goenka Vs. Income-tax Officer, A-ward and ors.

Court: Guwahati

Sadanandaswamy, C.J.1. Common questions of law are involved in these three writ petitions under art. 226 of the Constitution. The facts are also similar. In C.R. No. 419/70, the petitioner derived income in the assessment year 1962-63 from two firms, M/s. Ganeshdas Sreeram and M/s. A. V. Morello & Co. The major income was from M/s. Ganeshdas Sreeram which is a registered firm. Respondent No. 1, the ITO, A-Ward, Shillong, assessed the petitioner on the return filed by the petitioner under Section 141 of the I.T. Act, 1961, and found a total income of Rs. 72,102 and demanded an amount of Rs. 36,961.39 as tax including a sum of Rs. 3,881.39 as interest under Section 139. Thereafter, respondent No. 1 made the final assessment under Section 143(3)/154 of the said Act and found the total income of the petitioner to be Rs. 91,174. In pursuance of the said assessment order, respondent No. 1 issued a demand notice dated March 27, 1967, for payment of a sum of Rs. 57,735 as tax for the assessm...