TMI Blog1961 (10) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Act itself as the previous year. Appeal allowed. - - - - - Dated:- 5-10-1961 - Judge(s) : S. K. DAS., J. L. KAPUR., M. HIDAYATULLAH JUDGMENT The judgment of the court was delivered by KAPUR J.--This is an appeal on a certificate of the High Court under article 133(1)(c) of the Constitution against the judgment and order of the High Court of Mysore passed in a petition under article 226 of the Constitution of India. The appellant before us is the first Additional Income-tax Officer and the respondent is the assessee, and the matter relates to the assessment year 1948-49, the accounting year being 1947-48. The facts of this appeal are as follows : On November 27, 1951, a notice was issued to the respondent under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or.... he may in cases falling under clause (a) at any time within eight years serve on the assessee, or if the assessee is a company, on the principal officer thereof, a notice containing all or any of the requirements ; which may be included in a notice under sub-section(2) of section 22 and may proceed to asess or re-assess such income, profits or gains or recompute, the loss or depreciation allowance ; and the provisions of this Act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section. The argument is that the words " any year " in clause (a) refer to the assessment year because under the Income-tax Act the income of the previous year is assessed for the assessment year. For this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ginning on the 1st day of April, 1948, and the assessment was for the year ending on March 31, 1949, under sub-sections (2) and (3). Thus according to the Indian Finance Act assessment was to be made for the year ending March 31, 1949, at rates specified for the year beginning April 1, 1948. Coming now to section 22(1) it is there provided that : " 22. (1) The Income-tax Officer shall, on or before the 1st day of May in each year, give notice, by publication in the press and by publication in the prescribed manner, requiring every person whose total income during the previous year exceeded the maximum amount which is not chargeable to income-tax to furnish, within such period not being less than sixty days as may be specified in the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view taken by them as to the meaning of " any year " was erroneous, and the correct way of interpreting section 34(1)(a) is that the words " for any year " mean for any assessment year and not for any accounting year because, as we have said above the assessment is for the assessment year although of the income which accrued in the previous year. It may be added that the previous year for different heads of income falling under different sections of the Indian Income-tax Act may vary and it could not have been the intention of the legislature to give different starting points of limitation for different sources of income. Reading the various sections of the Indian Income-tax Act which are set out above and the provisions of Indian Finance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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