Law:

Section:

Section 7, read with sections 6 and 8 of the Taxation of Income (Investigation Commission) Act, 1947 - Commission - Procedure of - Assessment years 1941-42 to 1947-48 - Whether section 7(1) is exception to principle of joint responsibility of members constituting Commission and to extent of matters specified in that sub-section it is not necessary for Commission to act together or to give effect to principle of joint responsibility - Held, yes - Whether every judicial Tribunal set up by statute must be deemed to act properly and within powers conferred upon it by legislature, and if any member of Commission discharge functions which may be delegated to him by Commission, it must be presumed that there was proper authorisation - Held, yes - Whether power given to Commission under section 7(2) to call upon and to give person whose case is being investigated a reasonable opportunity of rebutting any evidence adduced against him, need not be exercised at any particular point of time and it will be open to Commission at any stage to require assessee to give explanation with regard to evidence adduced against him - Held, yes - Whether section 8(7) does not in any way affect finality of findings of Commission, which finality has been given effect to by section 8(4) - Held, yes - Whether when section 8(5) refers to question of law, but it does not mean that any question of law, however frivolous, insupportable or inarguable, must be referred by Commissioner because assessee suggests that such question of law arises - Held, yes - Whether it is only when C ourt is satisfied that question of law arises and that it requires consideration by Court that Court would direct C ommissioner to raise question of law - Held, yes FACTS The case of the applicant assessee was referred to the Income-tax Investigation Commission by the Central Government under section 5. The Commission submitted its report and after considering the report, the Central Government directed under section 8(2) that appropriate assessment proceedings under the Indian Income-tax Act and the Excess Profits Tax Act be taken against the assessee with a view to assess or re-assess the income which had escaped…

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