NIRANJAN LAL POTDAR vs COMMISSIONER OF INCOME-TAX, U. P. — 1971 PTD 446

Citation: 1971 PTD 446

Court: Allahabad High Court

Year: 1968

Decision Date: 1968-02-08

Parties: NIRANJAN LAL POTDAR vs COMMISSIONER OF INCOME-TAX, U. P.

Headnotes

Case cited as 1971 PTD 446

Judgment Text

Court Name: Allahabad High Court Judge(s): Jagdish Sahai, R. S. Pathak Title: NIRANJAN LAL POTDAR vs COMMISSIONER OF INCOME-TAX, U. P. Case No.: Income-tax Reference No. 262 of 1963 Date of Judgment:1968-02-08 Reported As: 1971 PTD 446 Result: question is answered JUDGMENT JUDGMENT R. S. PATHAK, J.-Upon a statement of the case submitted by the Income-tax Appellate Tribunal under section 66(1) of the Indian Income-tax Act, 1922, in respect of the assessment years 1949-50 and 1950-51 the following four questions have been referred to this Court. "(1) Whether, on the facts and the circumstances of the case the finding of the Tribunal that the assessee failed to disclose fully and truly all material facts necessary for his assessments for those years is correct ? (2) Whether, on the facts and circumstances of the case, the finding of the Tribunal that the income had escaped assessm ent is correct ? (3) Whether, on the facts and in the circumstances of the case, notices under section 34(1) were validly issued ? (4) Whether the assessm ents in question are invalid at law ?" The assessee, Niranjan Lal Potdar, is a member of a Hindu undivided family carrying on business under the name, Messrs Shiv Charan Lal Bankey Lal. The family has been assessed since the assessm ent year 1918-19 on income from a number of sources. For the first time, on March 23, 1952, the assessee filed income-tax returns for the assessment years 1947-48 to 1951-52 in the status of an individual. The returns…

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