BRITISH ELECTRICAL AND PUMPS P LTD Vs. INCOME TAX OFFICER B WARD
LAWS(CAL)-1976-12-13
HIGH COURT OF CALCUTTA
Decided on December 22,1976

BRITISH ELECTRICAL AND PUMPS P. LTD. Appellant
VERSUS
INCOME-TAX OFFICER, 'B' WARD Respondents


Referred Judgements :-

C.VASANTLAL AND CO. V. COMMISSIONER OF INCOME-TAX [REFERRED TO]
CALCUTTA DISCOUNT COMPANY LIMITED VS. INCOME TAX OFFICER COMPANIES DISTRICT I CALCUTTA [REFERRED TO]
K S RASHID AND SON MAT SAIDA BEGUM SAID AHMAD K S RASHID AHMAD BHAWANI PRASAD GIRDHAR LAL K S RASHID AND SON IN ALL PETITIONS VS. INCOME TAX OFFICER:INCOME TAX OFFICER:INCOME TAX OFFICER:INCOME TAX OFFICER:THE INCOME TAX OFFICER:INCOME TAX OFFICER [REFERRED TO]
S NARAYANAPPA VS. COMMISSIONER OF INCOME TAX BANGALORE [REFERRED TO]
MADHYA PRADESH INDUSTRIES LIMITED VS. INCOME TAX OFFICER NAGPUR [REFERRED TO]
SHEONATHSINGH VS. COMMISSIONER OF INCOME TAX CALCUTTA [REFERRED TO]
SALES TAX OFFICER GANJAM SALES TAX OFFICER GANJAM VS. UTTARESWARI RICE MILLS [REFERRED TO]
KALYANJI MAVJI AND COMPANY VS. COMMISSIONER OF INCOME TAX WEST BENGAL II [REFERRED TO]
INCOME TAX OFFICER I WARD DISTRICT VI CALCUTTA VS. LAKHMANI MEWAL DAS [REFERRED TO]
ADDITIONAL DISTRICT MAGISTRATE JABALPUR STATE OF UTTAR PRADESH UNION OF INDIA STATE OF KARNATAKA STATE OF MAHARASHTRA STATE OF RAJASTHAN UNION OF INDIA UNION OF INDIA VS. SHIVAKANT SHUKLA:V K S CHAUDHARY:ATAL BIHARI VAJPAYEE:SATYA SHARMA:N K GANPAIAH:SUBHAS:MILAP CHAND KANUNGO:SHRI RAM DHAN:DR REKHA AWASTHI [REFERRED TO]
DURGA TIMBER WORKS VS. COMMISSIONER OF INCOME TAX [REFERRED TO]
BAI AIMAI GUSTADJI KARAKA VS. GIFT TAX OFFICER [REFERRED TO]
RUNGTA ENGINEERING AND CONSTRUCTION CO LTD VS. INCOME TAX OFFICER CENTRAL CIRCLE XIII [REFERRED TO]
GIRINDRANATH PAUL VS. INCOME TAX OFFICER [REFERRED TO]
THANTHI TRUST VS. INCOME TAX OFFICER [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. MAHALIRAM RAMJIDAS [REFERRED TO]



Cited Judgements :-

BANSAL K M VS. COMMISSIONER OF INCOME TAX [LAWS(ALL)-1991-3-22] [REFERRED TO]
K M BANSAL VS. COMMISSIONER OF INCOME-TAX [LAWS(ALL)-1991-3-86] [REFERRED TO]
HOTEL ASHOKA VS. UNION OF INDIA [LAWS(MPH)-1994-4-34] [REFERRED TO]
SURYA RESTAURANT VS. UNION OF INDIA [LAWS(MPH)-1994-4-40] [REFERRED TO]
Simplex Concrete Piles India LTD VS. Deputy Commissioner of Income tax [LAWS(CAL)-2003-4-32] [REFERRED TO]


JUDGEMENT

Salil Kumar Datta, J. - (1.)This is an appeal against the judgment and order of Sabyasachi Mukharji J., dated May 14, 1976, discharging the rule obtained by the petitioner. The facts relevant arc as follows : The petitioner, appellant (hereinafter referred to as " the company ") duly filed its return along with its balance-sheet and profit and loss account for the assessment year 1969-70, showing an income of Rs. 2,61,307. D. K. Gupta, the Income-tax Officer, ' E ' Ward, Comp. Dist. I, Calcutta, by his order dated November 29, 1969, assessed the total income of the company for the said year under Section 143(3) at Rs. 3,13,059 disallowing various claims. On appeal, the Appellate Assistant Commissioner of Income-tax by order dated January 6, 1970, revised the total income to Rs. 2,92,208. The company thereupon became entitled to a refund of Rs. 11,026.04 and the same was given effect to by the Income-tax Officer. The company preferred an appeal to the Income-tax Appellate Tribunal against disallowance of the remuneration paid to the director for Rs. 23,000 and by its order dated September 29, 1972, the Appellate Tribunal allowed the remuneration, reducing the total income to Rs. 2,69,208 and increasing the refund to Rs. 12,650 and the order giving effect to the same was also served on the company.
(2.)It was alleged that at the time of the original assessment the company produced all its books of accounts and evidence relevant for the purpose and on full examination and satisfaction, the income was computed by the officer. There was, it was further alleged, no omission or failure on the part of the company to disclose fully and truly all material facts necessary for the assessment.
(3.)All on a sudden, on March 22, 1974, the company was served with a notice under Section 148 issued by D. P. Majumdar, Income-tax Officer, ' E ' Ward, C1, Calcutta, calling upon the company to deliver to him within thirty days of service a return in the prescribed form of its income for assessment year 1969-70 for reassessment by him. The notice recited that the said officer had reason to believe that the income of the company for the aforesaid assessment had escaped assessment within the meaning of Section 147 of the Income-tax Act, 1961.
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