1958 (3) TMI 68

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....committed an error of record and the Tribunal in not having discussed the important materials in the case." The relevant facts are as follows. The petitioner and his two sons were members of a Hindu undivided family of which he was the kartha. The family separated on the 12th March, 1945. At the time of partition a sum of Rs. 10,500 alone was kept in charge of the petitioner though it was not clearly stated for what purpose it was earmarked. On the 21st January, 1946, the petitioner's son Narayan Prasad Misra encashed high denomination notes of the value of Rs. 85,000 at Sambalpur treasury after making a declaration to the effect that that sum represented the sale proceeds, including profits, of Bidi leaf business carried on by the j....

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....ax liability of the joint family during the previous years, and to that they added another sum of Rs. 10,000 presumably for the marriage expenses of the petitioner's daughter. They accordingly exempted a total sum of Rs. 30,000 from the sum of Rs. 85,000 and directed that a sum of Rs. 55,000 alone should be held to be unaccounted income for the year in question and as such liable to assessment. They refused to state a case and when the dispute was taken up before a Division Bench of this court, that Bench thought that the Tribunal committed a serious error of record by omitting to take note of the fact that for the assessment years 1944-45 and 1945-46 of the Hindu undivided family an assessment of Rs. 78,000 had actually been made by th....