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TMI Blog1960 (10) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the appellant, was it stated that learned counsel did not make the concession as recorded in the judgment of the High Court or that he disputed the quantum of assessment for any of the three years in question. Appeals dismissed. - - - - - Dated:- 18-10-1960 - Judge(s) : S. K. DAS., M. HIDAYATULLAH., J. C. SHAH JUDGMENT The judgment of the court was delivered by S. K. DAS, J.----These three appeals have been brought to this court on certificates of fitness granted by the High Court of Patna under the provisions of section 66A(2) of the Indian Income-tax Act, 1922. The assessee, appellant before us, is a Hindu undivided family carrying on business in cloth and grains at Ranchi in the State of Bihar. It was assessed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that explanation to be incorrect, and held that the appellant had concealed its income and on the materials further held that the escaped income for the three years in question amounted to Rs. 40,000, Rs. 40,000 and Rs. 15,000 respectively. The appellant then preferred appeals to the Appellate Assistant Commissioner and contended that the proceedings under section 34 were ab initio void. The Appellate Assistant Commissioner rejected that contention, but held the amounts of escaped income to be Rs. 32,000, Rs. 30,000 and Rs. 15,000 respectively. Then, there was another appeal to the Income-tax Appellate Tribunal and the same contention was again urged on behalf of the appellant, namely, that the proceedings under section 34 of the Act were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t years. The three appeals have been preferred from the said judgment and order of the High Court of Patna. Learned counsel for the appellant has frankly stated that he is not in a position to contend that the proceedings under section 34 were ab initio void. Indeed, as the High Court has rightly pointed out, there were enough materials on which the Income-tax Officer could initiate proceedings under section 34 for the three assessment years in question. Learned counsel for the appellant has, however, sought to argue that the amount of escaped income found for each of the three assessment years was based on no materials and was pure guess-work ; he has contended that there was no scope in cases of this nature for making an assessment und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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