PARAMESWARAN PILLAI K Vs. ADDITIONAL INCOME TAX OFFICER
HIGH COURT OF KERALA
K. Parameswaran Pillai
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(1.) These two petitions are filed by the same petitioner under Article 226 of the Constitution and call in question two separate but similar orders of the common respondent the Income-tax Officer, Quilon. The question is whether the Income-tax Authority acted in excess of jurisdiction when he purported by these orders to rectify, on ground of alleged mistake, two original orders already passed, assessing the petitioner to income-tax for the consecutive years 1124 M. E. and 1951-52. We will take up these petitions in their order.
(2.) O. P. No. 119 of 1955. The petitioner is a merchant in Quilon. He carries on two lines of business activity, one being in tobacco, wholesale and retail, and the other in cashew kernels, manufacture and export.
(3.) His assessment to income-tax for the year 1124 was made by order dated 30-5-1953 under the Travencore Income-tax Act, 1121. This order is filed as Ext. A and it shows that his total income was made up under three heads as follows :
This total income was adjusted and set off against the larger loss of Rs. 131,878 of the previous year 1123 M. E., which has been allowed to be carried over to the next year along with an unabsorbed depreciation of Rs. 13,728-11-0. The net loss for the year 1124 M. E. was on this basis ascertained to be Rs. 21,547 and there was accordingly no levy and collection of tax for that year. ;
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