R. B. RAM RATTAN PREM NATH vs COMMISSIONER OF INCOME-TAX, U. P. — 1972 PTD 147

Citation: 1972 PTD 147

Court: Allahabad High Court

Year: 1968

Decision Date: 1968-03-11

Parties: R. B. RAM RATTAN PREM NATH vs COMMISSIONER OF INCOME-TAX, U. P.

Headnotes

Case cited as 1972 PTD 147

Judgment Text

Court Name: Allahabad High Court Judge(s): Jagdish Sahai, R. S. Pathak Title: R. B. RAM RATTAN PREM NATH vs COMMISSIONER OF INCOME-TAX, U. P. Case No.: Income-tax Reference No. 570 of 1963 Date of Judgment:1968-03-11 Reported As: 1972 PTD 147 Result: answer accordingly JUDGMENT JUDGMENT R. S. PATHAK, J.--The Income-tax Appellate Tribunal has referred the following two questions at the instance of the assessee for the opinion of this Court: "(1) Whether, for the assessm ent year 1946-47, the Income --tax Officer was justified in initiating the proceedings and completing the assessment under section 34(1)(a) or he should have taken recourse to section 34(1-A) or section 34(1)(b) ? (2) Whether, for the assessm ent years 1947-48 and 1948-49, the Income-tax Officer was justified in initiating action under section 34(1)(a) or he should have taken recourse to section 34(1)(b) of the Act?" The assessee is a partnership firm consisting of R.I Bahadur Ram Ratan and his son, Prem Nath. It carried on the business of canteen contractors. The statement of the case submitted by the Tribunal mentions that the account books maintained by the assessee were never accepted by the Income-tax Officer and the income was assessed by applying a flat rate over the turnover disclosed by the assessee. For the assessm ent year 1946-47 the assessment was completed on July 12, 1947. Subsequently, on November 11, 1955, the Income-tax Officer issued a notice under section 34(1)(a) for the assessm ent year…

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