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    <title>1940 (4) TMI 23 - PRIVY COUNCIL</title>
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    <description>Section 34 of the Indian Income-tax Act, 1922 was treated as part of the reassessment machinery, not a charging provision, so a prior quasi-judicial enquiry with notice and hearing before issuing notice was not required. The absence of express powers in that section to summon the assessee or compel evidence indicated that the Income-tax Officer could act on bona fide satisfaction formed from available information that income had escaped assessment or been under-assessed. Requiring an additional pre-notice enquiry would duplicate the procedure already provided under Sections 22 and 23, where the assessee would have a statutory opportunity to produce evidence after reassessment proceedings began. The officer could therefore validly initiate action on good-faith information.</description>
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    <pubDate>Thu, 25 Apr 1940 00:00:00 +0530</pubDate>
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      <title>1940 (4) TMI 23 - PRIVY COUNCIL</title>
      <link>https://www.taxtmi.com/caselaws?id=164797</link>
      <description>Section 34 of the Indian Income-tax Act, 1922 was treated as part of the reassessment machinery, not a charging provision, so a prior quasi-judicial enquiry with notice and hearing before issuing notice was not required. The absence of express powers in that section to summon the assessee or compel evidence indicated that the Income-tax Officer could act on bona fide satisfaction formed from available information that income had escaped assessment or been under-assessed. Requiring an additional pre-notice enquiry would duplicate the procedure already provided under Sections 22 and 23, where the assessee would have a statutory opportunity to produce evidence after reassessment proceedings began. The officer could therefore validly initiate action on good-faith information.</description>
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      <pubDate>Thu, 25 Apr 1940 00:00:00 +0530</pubDate>
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