TMI Blog1955 (4) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... in cotton. She claimed that she had carried on that business with the help of her brother Nageswara Ayyar as her clerk and power-of-attorney agent. He was also an employee of Sri Kothandarama Spinning Mills. The Income-tax Officer held on the facts placed before him that the business and the income belonged to Ramudu Ayyar and included it in his taxable income. The Appellate Tribunal, to which Ramudu Ayyar ultimately appealed, held on 3rd November, 1945, that the business and the income belonged only to Ramudu Ayyar's wife. The Income-tax Officer thereupon initiated proceedings under section 34 of the Income-tax Act and on 15th January, 1948, he assessed her to income-tax on her income for 1942-43, the main item of which was the profit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trade in cotton amounting to ₹ 40,387 was originally included in the total income of her husband S.S. Ramudu Ayyar and assessed in his hands. On appeal the Appellate Tribunal deleted the sum included from the total income of her husband. This definite information which has come into my possession subsequently had led to the discovery that the income of the assessee has escaped assessment in her hands. Hence notices under section 34 were issued to the assessee. Did this finding satisfy the requirements of section 34 as it stood in the relevant assessment year is the question. Though what constitutes definite information within the meaning of section 34 must necessarily depend upon the circumstances of each case, and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gree with these observations. The learned counsel for the respondent contended that the definite information required by section 34 would also include a decision on matters of law or on matters of mixed fact and law rendered by a competent appellate authority. It is not necessary for us to consider in this case under what circumstances a provision of law which had been overlooked in the original assessment or an authoritative pronouncement of law by a Court either with reference to the same assessee or another assessee subsequent to this original assessment would amount to definite information within the meaning of section 34. In the case before us, the question for decision all through was one of fact: whose was the income, the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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