AGARWAL AND AGARWAL PRIVATE LIMITED Vs. MUKHERJEE K J ITO

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution is directed against a notice dated 12th March, 1963, issued by the Income-tax Officer, Dibrugarh, under Section 148 of the Income-tax Act, 1961 (hereinafter called "the Act"), as it is alleged that the assessee's income chargeable to tax for the assessment year 1954-55 had escaped assessment within the meaning of Section 147 of the Act. It is stated in the notice that necessary satisfaction of the Commissioner of Income-tax, Assam, Tripura & Manipur, was obtained.

(2.) THE petitioner No. 1 is a private limited company with its principal place of business at Dibrugarh (hereinafter referred to as "the assessee") and the petitioner No. 2 is the director of the said company.

(3.) THESE grounds appear in the original report of the Income-tax Officer of 8th March, 1963, to the Commissioner, who recorded "yes" to the institution of the proceedings on the same day.