Law:

Section:

Income-tax Act, (XI of 1922)-----   ----- S. 34(1) (a)-Reassessment-Limitation for service of notice-Eight years from assessment year "Any year", "that year", meanings of.   The period of limitation for the service of a notice under section 34(1) (a) of the Income-tax Act, 1922, for the assessment or reassessment of income escaping assessment, is eight years from the end of the relevant assessment year and not the accounting year. The words "for any year" and "that year" in section 34(1) (a) have reference to the assessment year and not the accounting year, for the assessment is for the assessment year although of the income of the previous year.   Spencer v. Income-tax Officer, Madras (1957) 31 I T R 107 (Mad:) approved.   Pannalal Nandlal Bhandari v. Commissioner of Income-tax (1961)41 I T R 76 (SC) ref.   H. N. S. Iyengar v. First Additional Income-tax Officer (1960) 38 I T R 109 reversed. JUDGMENT   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 arc as follows : On November 27, 1951, a notice was issued to the respondent under section 34(1)(a) of the Indian Income-tax Act calling upon him to make a return on the ground that his income had escaped assessment for the assessment year ending March 31, 1949. This notice was served on the respondent on November 29, 1956. The respondent objected that no notice under section 34 of the Income-tax Act could be issued to him because of the lapse of eight years from the end of the accounting year. This objection was overruled and the respondent filed on June 12, 1957, in the High Court of Mysore, a petition under Article 226 of the Constitution for a writ of certiorari quashing the order made by the Income-tax Officer.   The High Court held…