9911796707
TMI Blog1962 (1) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... essary to set out a few relevant facts. The assessee submitted a return for the year 1953-54 in which he stated that he had received a sum of ₹ 4,000 by way of interest. He made a note in his return that the receipt was of a casual and non-recurring nature not arising from business, profession or vocation. His statement was accepted by the Income Tax Officer. On July 31, 1957, the Income Tax Officer made a note in his order as follows : "The assessee was in receipt of some interest income. This was declared in part G of the return. Exemption was claimed on the ground of its being of a casual nature and not being business income. The facts examined in connection with the assessment for 1956-57 clearly show that the income is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the time of the issue of the notice alone can be assessed or any and all income that has escaped assessment. Though an argument was addressed before the Appellate Assistant Tribunal that there was no warrant for the proceedings being taken under section 34(1) (b) of the Act, it was not referred to this court by the Tribunal. Sri Mallikarjuna Rao, the learned advocate for the petitioner, strenuously contended that even though only one question was referred by the Appellate Tribunal under section 66(1) of the Act, still the second question, viz., that whether there was no warrant for the proceedings being taken under section 34(1) (b) of the Act, arises out of the order of Appellate Tribunal. The facts disclose that the Appellate Tribunal d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t;a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 22 and may proceed to assets or reassess such income, profits or gains......" This is dealt with by Tek Chand J. in Commissioner of Income Tax v. Jagan Nath Maheshwary : "Now the meaning of the word such as used in juxtaposition with income, profits or gains remains to be considered. According to the learned counsel for the assessee, the term such income, etc., etc., refers not to the entire escaped income but to that part of it only, with respect to which the Income Tax Officer had a definite information, in consequences of which he had discovered the escapement. This restricted scope of the expression such in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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