9911796707
TMI Blog1965 (3) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... to the department, was the undisclosed income of the petitioner. As the amount was less than ₹ 1,00,000, a notice under section 34(1)(a) of the said Act ought to have been issued, as laid down in the proviso to section 34(1), within eight years of the expiry of the assessment year in which the said amount should have been brought to tax. In view of the fact that the amount of ₹ 56,000 was received by the petitioner on or about 23rd March, 1944, the accounting year for the said amount was 1943-44 and the assessment year was 1944-45. It follows that no notice under section 34(1)(a) could have been issued by the Income-tax Officer in respect of the said amount of ₹ 56,000 after 31st March, 1953. Now prior to the present im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. This proviso, so far as it is relevant, lays down that nothing contained in this section limiting the time within which any action may be taken.....shall apply......to an assessment or reassessment made on the assessee or any person in consequence of or to give effect to any finding or direction contained in an order under section 31...... It is claimed on behalf of the Income-tax Officer that the Appellate Tribunal had given a finding under section 31 that the proper year of assessment in regard to the sum of ₹ 56,000 was 1944-45, that the impugned notice was issued by the Income-tax Officer to give effect to the above finding of the Appellate Tribunal, and that the notice was, therefore, not affected by the time-limit of eigh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-limit of eight years. On behalf of the respondent, the Income-tax Officer, Mr. R.J. Joshi urged that the Appellate Tribunal has given a finding when they decided that the proper year of assessment in regard to the sum of ₹ 56,000 was the assessment year 1944-45 and not 1945-46. According to Mr. Joshi, the impugned notice of 30th October, 1963, was issued in order to give effect to the said finding of the Appellate Tribunal and was, therefore, unaffected by any time-limit in view of the said proviso to sub-section (3) of section 34. It was, however, held by the Supreme Court in the above case that the expression finding in the said proviso means a finding necessary for giving relief in respect of the assessment for the year ..... X X X X Extracts X X X X X X X X Extracts X X X X
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