TMI Blog1961 (11) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... contained in the petition is that two notices dated September 7, 1959, issued under section 34 of the Income-tax Act in respect of the assessment years 1948-49 and 1949-50 be quashed by issuing a writ of certiorari. There is a further prayer that a writ of prohibition may be issued restraining the Income-tax Officer from proceeding with the reassessment proceedings in consequence of the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re were three other sums of money and with regard to them the Tribunal held that even though thy came into the books of the petitioner through one of the partners, Laxmi Narain, there was nothing on the record to connect these deposits with the affairs of the assessee firm . The Tribunal went on to observe that if an enquiry as to the source and nature of these sums is to be made It has to be ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the order sought to be relied upon was passed by the appellate authority. It follows that so far as the facts of this particular case are concerned that finding , if any, in respect of the first two sums of monies amounting to ₹ 15,000 each was not in respect of the year 1949-50 which was the assessment year in respect of which alone the question was up for consideration before the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... argued on behalf of the income-tax department that if the proviso is not applicable the notices are not beyond time. The result, therefore, is that this writ petition must succeed. It is accordingly allowed. A writ of certiorari shall issue quashing the two notices under section 34 dated September 7, 1959. The petitioner shall be entitled to the costs of the petition. Petition allowed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
