1973 (2) TMI 16

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....-5, dated February 5, 1970, of the second respondent, the Commissioner of Income-tax, Kerala, in so far as he has included a sum of Rs. 13,607 in the total income of the assessee under the head capital gains while giving substantial reduction to him under other heads. The petitioner was assessed by the first respondent, the Income-tax Officer, Kottayam, for the year 1964-65, fixing his total in....

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....ith the result the total income of the petitioner was fixed at Rs. 70,160 as against Rs. 80,550 fixed by the Income-tax Officer. Counsel for the petitioner contends that the Commissioner acted without jurisdiction in including in the total income of the assessee the sum of Rs. 13,607 as capital gains, since the question of omission to include any income in the total income of the assessee....

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....order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit. " The power of the Commissioner under the above provision is wide. It is subject only to one limitation, viz., that the order should not be prejudicial to the assessee. Subject ....