RUNGTA ENGINEERING AND CONSTRUCTION CO LTD Vs. INCOME TAX OFFICER CENTRAL CIRCLE XIII
LAWS(CAL)-1960-5-15
HIGH COURT OF CALCUTTA
Decided on May 19,1960

RUNGTA ENGINEERING AND CONSTRUCTION CO. LTD. Appellant
VERSUS
INCOME-TAX OFFICER, CENTRAL CIRCLE XIII Respondents

JUDGEMENT

Bachawat, J. - (1.) This is an appeal from an order dismissing a writ application challenging the validity of three notices issued to the- appellant under Section 34(1A) of the Indian Income Tax Act 1922 and the subsequent proceedings thereunder. The notices relate to the assessment years 1945-46, 1946-47 and 1947-48. The three notices were originally issued by the Income Tax Officer, Companies District III, on 18-12-1954. Subsequently, on 8-7-1955, three revised notices under Section 34(1A) were issued by the Income-tax Officer, Central Circle XIII. Consequential notices under Section 22(4) of the Indian Income-tax Act, requiring the appellant to produce certain documents and books of account were issued on 25-7-1955 by the Income-tax Officer, Central Circle XIII, and served upon the appellant. The appellant refuses to file its return of income or to produce its books and documents.
(2.) The three notices under Section 34(1A) state that the Income-tax Officer has reason to believe that income, profits or gains assessable to income-tax for the assessment years ending 31-3-1946, 31-3-1947 and 31-3-1948 have partly escaped assessment and that the income, profits or gains of the previous years falling wholly or partly within the period beginning on September, 1939 and ending on 31-3-1948 which have so escaped assessment, amount to or are likely to amount to one lakh of rupees or more. The Income-tax Officer seeks to reopen the assessments of the appellant previously made in respect of the assessment years 1945-46, 1946-47 and 1947-48.
(3.) The validity of the notices under Section 34(1A) and of the subsequent proceedings thereunder was challenged in the petition on numerous grounds. Before us Mr. Mitra has confined his attack to two grounds and two grounds only.;


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