9911796707
TMI Blog1957 (4) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... ns Ltd., Aligarh. The position in 1951 was that assessments on account of income-tax had been completed for the years 1944-45, 1945-46 and 1946-47 but the income-tax assessment proceedings for the later years were pending. On the 19th May, 1951, the Ministry of Finance, Government of India, issued a press notification which contained two parts. The first part dealt with "concessional scheme for payment of arrears" and the second part dealt with "voluntary disclosure of income". This scheme was subsequently supplemented by another notification dated 18th July, 1951. The purport of the first press notification issued was that the assessees who were in arrears were permitted to bring into their accounts some additional cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... note were then supplemented by the second press note, which has already been referred to above and its privileges were extended even to those assessees who were not in arrears and the latter were also permitted to bring into their account books unaccounted for cash without any fear of penalty, prosecution or further taxation. The cash, however, had to be brought into books before 31st August, 1951. An intimation of this amount had to be immediately sent to the Income-tax Officer concerned and the amount of cash that was to be exempt from taxation was to the extent of the "intangible additions" made in the immediately preceding three completed assessments. The cash so introduced was to be treated on the same basis as voluntary disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x assessed on the disclosed income as also the profits they had earned in these four years was a sum of ₹ 1,75,000 and odd. In addition to this demand there was an arrear of about ₹ 37,000 payable by the petitioners on account of the income-tax for the years prior to 1947-48. Demands were made from the petitioners, a very small amount was paid by them, and they applied for payment of the demand by instalments. On 21st November, 1953, a reply was sent by the Income-tax Department that the demand related to years 1947-48 and 1948-49 and the assessment was made about 7 or 8 months ago as a result of compromise assessment, the Commissioner refused to permit the petitioners to pay the demand in five years but they were, however, perm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and supplemented by a notification dated 18th July, 1951. (ii) A writ of certiorari quashing the assessment orders dated 20th April, 1953, 25th March, 1953 and 19th December, 1953, regarding petitioner No. 1, Ved Prakash Gupta, and orders dated 30th March, 1953, 25th March, 1953, and 30th November, 1953, respectively regarding petitioner No. 2, Om Prakash Gupta, and four other orders imposing penalty dated 5th February, 1954. It may be pointed out in this case that although six orders have been mentioned in the relief the petitioners have only filed two orders of assessment for the year 1948-49 and one order for the year 1950-51. The other orders are only notices of demand. The single Judge of this Court by his order which is under appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t from it, as has been pointed out by the learned single Judge, power was given to the Inspecting Assistant Commissioner to allow certain deductions of intangible additions made in the preceeding three years and consequently it cannot be said that the amount arrived at by the Inspecting Assistant Commissioner was without jurisdiction so as to entitle the appellants to come to this Court under article 226. This Court after such a lapse of time will not go into the question as to how much was the amount which the petitioners were entitled to deduct as intangible additions for the previous years. It was contended by Sri Ambika Prasad, who appeared for the appellants, that if it is held that the press notification had no legal binding force the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s petition has no force and must be rejected. As regards petition No. 587 of 57 the petitioners, by means of this petition, have claimed a relief of certiorari quashing the assessment order for the year 1951-52. In the affidavit filed in support of this petition in paragraph 10 the petitioners have given certain intangible additions which they say they were entitled to deduct. So far as the items A, B and C are concerned, they relate to the claim of the petitioners for intangible additions for the years 1944-45, 1945-46 and 1946-47 and for the reasons which we have already given in our order in connection with the special appeal the petitioners are not entitled to claim these deductions. In item D in paragraph 10 of the affidavit they have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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