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1960 (9) TMI 10 - SUPREME COURTWhether on the facts and in the circumstances of the case, there was any evidence before the Commission to come to the conclusion to which it came in its report ? Whether on the facts and in the circumstances of the case, was the order C. No. 76(1) I.T./51 dated October 25, 1951, of the Government of India passed under the provisions of section 8(2) of the Travancore Taxation on Income (Investigation Commission) Act read with section 3 of the Opium and Revenue Laws (Extension of Application) Act of 1950, a legal and valid order ? Whether on the facts and in the circumstances of the case, the order passed by the Income-tax Officer in pursuance of the directions of the Government under section 8(2) of the Travancore Taxation on Income (Investigation Commission) Act, 1124, was a legal and valid order ? Held that:- By sub-section (4) of section 8 of the Investigation Act, the findings recorded by the Commission in cases or points referred to them are made final in all assessment or reassessment proceedings. The Act has, by sub-section (2) of section 8, removed the bar of limitation which arose by section 25 of the Income-tax Act. It was competent, therefore, to the Income-tax Officer to reopen the assessment proceedings notwithstanding any lapse of time and the previous order of assessment did not operate as a bar to such reassessment. The High Court was, therefore, in our judgment right in recording its answers in the affirmative on the three questions submitted by the Commissioner of Income-tax. In that view, the appeal fails and is dismissed with costs. Appeal dismissed.
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