PILANI INVESTMENT CORPORATION LTD. vs INCOME-TAX OFFICER "A" WARD, — 1971 PTD 264

Citation: 1971 PTD 264

Court: Calcutta High Court

Year: 1970

Decision Date: 1970-12-31

Parties: PILANI INVESTMENT CORPORATION LTD. vs INCOME-TAX OFFICER "A" WARD, JUDGMENT

Headnotes

Case cited as 1971 PTD 264

Judgment Text

Court Name: Calcutta High Court Judge(s): B. C. Mitra Title:PILANI INVESTMENT CORPORATION LTD. vs INCOME-TAX OFFICER "A" WARD, JUDGMENT Reported As: 1971 PTD 264 Result: Rule discharged Judgment JUDGMENT The petitioner is a public company incorporated under the Indian Companies Act, 1956, its registered office being at Birlanagar, Gwalior Madhya Pradesh. The petitioner submitted its return of income for the assess--ment year 1955-56 and this income was duly assessed and an order was made an January 31, 1956, by the Income-tax Officer "A" Ward, Jaipur. Thereafter, the Income-tax Officer wrote several letters to the petitioner requesting the petitioner to meet him in connection with proceedings under section 23-A of the Income-tax Act, 1922 (hereinafter referred to as the Act). The petitioner contended that it was a company in which the public was substantially interested, and for that reason section 23-A was not attracted. On April 21, 1959, the Central Board of Revenue made an order transferring the petitioner's case to the respondent No. 1. By an order dated February 25, 1960, under section 23(3) read with section 34(1)(6) of the Act, the Income-tax Officer included certain items of income not previously included in the original assessm ent. An appeal was preferred against the said order before the Appellate Assistant Commissioner, but this appeal was dis--missed on September 20, 1960. Thereafter, by another order dated September 22, 1960, made under section 23(3) read…

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