COMMISSIONER OF INCOME TAX Vs. SOORAJMUL NAGARMULL
LAWS(CAL)-1978-4-15
HIGH COURT OF CALCUTTA
Decided on April 13,1978

COMMISSIONER OF INCOME-TAX Appellant
VERSUS
SOORAJMUL NAGARMULL Respondents

JUDGEMENT

C.K.Banerjee, J. - (1.) The following question is involved in this reference at the instance of the Commissioner of Income-tax, Central, Calcutta, under Section 66(2) of the Indian I.T. Act, 1922 (hereinafter referred to as "the Act") : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Income-tax Officer was not justified in refusing, under Section 23(4) of the Indian Income-tax Act, 1922, to register the assessee-firm under Section 26A of the said Act."
(2.) The statement of the case relates to the assessment year 1949-50, for which the relevant previous year ended on the Ram Navmi Day of the Samvat year 2005. The assessee is a firm and it applied for registration under Section 26A of the Act for the said assessment year. In the course of the assessment proceedings, the ITO served a notice under Section 22(4) of the Act requiring the assessee to produce the books of the following businesses as belonging to the assessee ; 1. Prahladrai Agarwalla, 2. Babulal Maheswari,
(3.) Anandilal Bajoria,;


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