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TMI Blog1975 (12) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... 973, under section 148 of the Income-tax Act, 1961. The impugned notice relates to the assessment year 1964-65. Two contentions were urged in support of this application. It was contended that at the time of the issuance of the notice the firm was dissolved and the income-tax department had knowledge of that fact. In the premises, it was contended that the notice was not properly addressed. The no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . D. M. R. M. Ramanathan Chettiar v. Commissioner of Income-tax [1927] 2 ITC 474 (Rang) [FB], Rama Guha v. Income-tax Officer, AIR 1967 Cal 348 and M. X. De Nornha & Sons v. Commissioner of Income-tax [1950] 18 ITR 928 (All). On that ground I am unable to accept the contention that the notice was not properly addressed. The next contention was that there were no materials upon which it could be s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the part of the assessee to disclose truly and fully all material facts at the time of original assessment and this involves an extra tax of Rs. 19,440 plus extra taxes on disclosed income. Hence, this proposal." It further appears that the said recorded reasons have been explained in paragraph 8 of the affidavit of Sanat Kumar Roy affirmed on 20th November, 1975. The evidence of R.A. Goel has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, it cannot be said that there were no materials from which, prima facie, such belief can be formed that there was failure or omission on the part of the assessee to disclose truly all basic and primary facts as a result of which the income of the assessee escaped assessment. In the aforesaid view of the matter, the challenge to the notice cannot, in my opinion, be sustained in this case. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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