Karnataka Court February 1972 Judgments

Commissioner of Income-tax, Bangalore Vs. Hajee C.M. Abdul Rahiman Kha ...

Court: Karnataka

Reported in: [1973]91ITR64(KAR); [1973]91ITR64(Karn); (1972)1MysLJ642

Govinda Bhat, J.1. This is a reference made at the instance of the Commissioner of Income-tax, Mysore, under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). The question of law referred for the opinion of this court is : 'Whether, on the facts and in the circumstances of the case, and on the findings given and referred to above, the Appellate tribunal was justified in holding that the reassessment proceedings under section 147(a) of the Income-tax Act, 1961, were not validly initiated in the case ?' 2. The assessee is an individual and the assessment in question relates to the assessment year 1957-58, the corresponding accounting period being the year ending on March 31, 1957. The assessee derived income under the heads 'salary, property and share income from business'. He filed a return declaring a total income of Rs. 9,518.3. When the assessment proceedings were pending, the Income-tax Officer came to know of the fact that the assessee was found in ...