TMI Blog1962 (1) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee in the Exchange Bank of India and Africa Ltd. In our opinion, in the circumstances of this case the question whether the assessee had or had not failed to disclose fully and truly all material facts necessary for his assessment was a question of fact and we are unable to accept the argument of the learned advocate for the appellant to the contrary. No question of law arose in this case and the High Court of Bombay rightly rejected the petition under section 66(2) of the Income-tax Act. Appeal dismissed. - - - - - Dated:- 17-1-1962 - Judge(s) : S. K. DAS., M. HIDAYATULLAH., J. C. SHAH JUDGMENT The judgment of the court was delivered by S. K. DAS J.--These are two appeals by special leave of this court. One app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in such a way as to by-pass the High Court by entertaining an appeal direct from the order of the Tribunal and thereby ignore the decision given by the High Court. Therefore, the appeal from the order of the Tribunal dated November 7, 1955, must be dismissed. Now, we proceed to consider the appeal from the order of the Bombay High Court dated December 14, 1956. The short facts are these. The present respondent, who was the assessee in the case, carried on a cloth business at Ahmedabad. Later he opened branches at Karachi and Bombay. He was assessed to income-tax in the status of a Hindu undivided family. In the account period relevant to the assessment year 1943-44, the assessee opened a branch at Karachi. The total income for that ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer came to know of the purchase of the draft for Rs. 1,10,000 is not known. The Income-tax Officer also issued a notice to the assessee under section 22(4) to produce his account books for the Samvat year 2000 and his pass books of the Exchange Bank of India and Africa Ltd. The assessee gave a certain explanation for not being able to produce either his account books or the pass books of the said bank. The Income-tax Officer disbelieved the explanation and by a revised assessment order made on October I5, 1954, added a sum of Rs. 1,10,000 as income from an undisclosed source, which had escaped assessment in the original assessment. There was an appeal to the Appellate Assistant Commissioner who confirmed the order of the Income-tax Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income-tax Act and asked the Tribunal to state a case to the High Court of Bombay on the following question of law, which, according to the appellant, arose out of the Tribunal's order : "Whether on the facts and in the circumstances of the case, and having particular regard to the fact that the return and the statements accompanying the return furnished by the assessee during the course of the assessment proceedings for 1945-46 did not indicate such a large transaction as Rs. 1,10,000 by a single bank draft, the Income-tax Officer was right in starting proceedings under section 34(1)(a) on the receipt of the information about the above transaction, to make a reassessment for 1945-46 ?" The Tribunal rejected the application unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... must be pointed out that the question which the appellant suggested should be referred to the High Court in his petitions under section 66(1) and section 66(2) of the Income-tax Act is different from the question which is now raised by the learned advocate for the appellant. The question now raised for the first time before us by the learned advocate for the appellant is that the Tribunal had no materials on which to find that there was no omission or failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment and that the finding of the Tribunal was based on surmises and conjectures. That, however, was not the question which was suggested for reference to the High Court at the stage when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, Companies District I, Calcutta. Therefore, what the Tribunal had to consider was whether the assessee had fully and truly disclosed all material facts necessary for the assessment. The Tribunal examined all the relevant materials produced by the assessee at the time of the original assessment and came to the conclusion that there was no omission or failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment. The Tribunal referred to the account books produced by the assessee and particularly to the report of the examiner of accounts who submitted a report to the Income-tax Officer with regard to the bank account of the assessee in the Exchange Bank of India and Africa Ltd. In our opinio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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