Just a moment...

Report
FeedbackReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home /

1969 (3) TMI 18

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eassessment under the Indian Income-tax Act, 1922. Messrs. Thakur Das Tej Prakash are the assessees. In the assessment year 1953-54 the assessee's assessable income was determined at Rs. 12,858 from his business. The loss of earlier years amounting to Rs. 84,039 which was from money-lending business, was brought forward from the previous year, and was set off against assessee's income of Rs. 12,85....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....thstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the Income-tax Officer has in consequence of information in his possession reason to believe that income, profits or gains chargeable to income-tax have escaped assessment for any year,.... he may... proceed to assess or reassess such income,.." Mr. Ambika Prasad urged that the Income-ta....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bapathy Mudaliar it was held by that Madras High Court that : "The information contemplated by section 34(1)(b) of the Indian Income-tax Act, 1922, which gives jurisdiction to the Income-tax Officer to reopen an assessment is information that income, profits and gains chargeable to income-tax had escaped assessment in the assessment of the assessee. Even inadvertence or error in the making of ass....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... it was held by a Division Bench of this court that : "Where in the original assessment the Income-tax Officer had omitted to consider and apply to the facts of the case the relevant statutory provision, it is open to the succeeding Income-tax Officer when that omission is noticed by him, to proceed under section 34 to assess the income which has escaped assessment. When the succeeding officer co....