Salil Kumar Datta, J. - (1.) This is an appeal from the judgment and order of Sabyasachi Mukharji J. dated April 28, 1972, whereby the rule nisi obtained by the appellant on an application under Article 226 was discharged.
(2.) The appellant is a partnership-firm registered under the Indian Partnership Act, 1932, carrying on the business of manufacture and sale of buckets. For the assessment year 1958-59 (accounting period ending on December 31, 1957J, the appellant was assessed by the respondent No. 1 on an income of Rs 32,562 as computed according to the order of assessment dated January 30, 1959. According to the appellant, at the time of assessment, its representative produced copies of account of each creditor and disclosed fully and truly all transactions with each of the parties on production of all relevant vouchers, discharged hundis, statements of payments of interest with receipts, confirmation letters of creditors with respective income-tax file numbers, as asked for, also balance-sheets, profit and loss accounts and necessary documents. The ITO completed the assessment on his satisfaction with the said materials.
(3.) On March 27, 1967, the appellant received a notice purported to be under Section 148 of the I.T. Act, 1961, whereby the appellant was asked to submit a return of income for the said year, A copy of the notice is set out below : "NOTICE UNDER SECTION 148 OF THE INCOME-TAX ACT, 1961. V(2)/305-H/A Income-tax Officer V(2).' A ' Ward. Dated 27-3-67. To M/s. H. A. Nanji & Co., 46, Ezra Street, Calcutta. Whereas I have reason to believe that your income chargeable to tax for the assessment year 1958-59, has escaped assessment within the meaning of Section 147 of the Income-tax Act, 1961. I therefore, propose to reassess the income for the said assessment year and I hereby require you to deliver to me within 30 days from the date of service of this notice a return in the prescribed form of your income assessable for the said assessment year. 2. This notice is being issued after obtaining the necessary satisfaction of the Commissioner of Income-tax, W.B.II, Calcutta. (Sd.) Harnam Singh Sarna, Income-tax Officer, 'A' Ward, V(2), Calcutta.";