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PETITIONER: ESTHURI ASWATHIAH
Vs.
RESPONDENT: THE INCOME-TAX OFFICER, MYSORE STATE
DATE OF JUDGMENT: 05/12/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. KAPUR, J.L. HIDAYATULLAH, M.
CITATION: 1961 AIR 1149 1961 SCR (2) 911 CITATOR INFO : RF 1967 SC 916 (8)
ACT: Income Tax--Reassessment--Notice issued by Income--tax Offi- cer--if without jurisdiction--Indian Income-tax Act, 1922 (11 of 1922), ss. 34(1)(a), 23(1), 22(3)--Finance Act, 1950 (XXV of 1950), S. 13(1)--Part--B States (Taxation Concessions) Order, 1950, cl. 5(1).
HEADNOTE: The appellants, a Hindu undivided family, carrying on business in the former State of Mysore, were assessed under the Mysore Income-tax Act for the year of assessment 1949-50 corresponding to the year of account July 1, 1948, to June 30, 1949. The Indian Income-tax Act came into force in that area in April 1, 1950, and on December 26, 1950, notice under s. 22(2) of that Act was served upon the appellants to submit their return for the assessment year 1950-51. On September 8, 1952, the appellants submitted their return stating that they had no assessable income for that year. The Income Tax Officer passed on that return an order, "no proceeding", and closed the assessment. When the appellants submitted their return for the next assessment year, their books of account disclosed an opening cash credit balance of Rs....