TMI Blog1987 (1) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... was applicable ? " The reference relates to the assessment year 1959-60. The assessment for this assessment year was completed on January 11, 1960, and the total income, was assessed at Rs. 6,517. In December 1964, a search at the assessee's business and residential premises yielded material which showed that income relating to the concerned assessment year had not been fully disclosed. The, assessment was thereupon reopened under section 147 of the Income-tax Act 1961, and a notice under section 148 was served on the, assessee on March 28, 1967. On March 7, 1969, and May 13, 1969, the assessee filed return pursuant to the notice under section 148 declaring his total income at Rs. 6,517 as assessed in the first instance. On August 5, 1969 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kar, learned counsel for the respondent, argued the matter, in so far as it concerned the first question, at some length. He thereafter, pursuant to the discussion thereon, stated that the first question may be answered in the affirmative and in favour of the Revenue. The first question will, accordingly, be so answered. In regard to the second question, Shri Jetly submitted, and in our view rightly, that it had to be answered in the negative and in favour of the Revenue in view of a Division Bench judgment of this court, which is in Income-tax Reference No. 260 of 1976 (CIT v. Rizumal Pherumal [1988] 169 ITR 25) decided by Chandurkar and Mohta JJ. on January 5, 1981. Here too the question before the court was whether the order of the Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Dhadi Sahu [1976] 105 ITR 56, relied upon by Shri Thakar, learned advocate for the assessee. It undoubtedly supports Shri Thakar's sub mission that it is the date upon which the order imposing the penalty is made which is relevant for determining the jurisdiction to impose it, but we are bound by the view taken in the judgment of the Division Bench of this court referred to above. In the circumstances, we must answer the second question in the negative and in favour of the Revenue. In conclusion, the first question is answered in the affirmative and in favour of the Revenue. The second question is answered in the negative and in favour of the Revenue. The assessee shall pay to the Revenue the costs of this reference. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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