1962 (12) TMI 53 - SUPREME COURT

Whether the second proviso to sub-section (3) of section 34 is constitutionally valid and applies to the case?

whether section 34 as amended in 1948 applied to assessment years prior to 1948-49 and the second question was whether, on the footing that amended section 34 did apply to assessment years prior to 1948-49, any action could be taken under the amended section in respect of those assessments which had become time-barred before the amended section came into effect?

Held that:- Appeal allowed. Notice against the firm of " Purshottam Laxmidas " was validly issued under the amended second proviso to section 34(3) and its validity cannot be called in question in any court or Tribunal in view of the provisions of section 4 of the Amending Act of 1959.