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- Sections 35 (4) & 48 -Travancore Income-tax Act, 1921 - Sections 25 (4) & 35 -Indian Income-tax Act, 1922 JUDGMENT M.S. Menon, J.-The petitioner was finally assessed to income-tax by an order of the Income-tax Officer, Alleppey, dated 29th February, 1952, in respect of the accounting period, 11th January, 1947, to 31st December, 1947 (assessment year : 1124 M.E.). The Income-tax Officer sketched the history of the case as follows in the assessment order (Exhibit C): "Assessee was the sole proprietor of a mats and mattings business till the end of 1947. The assessment for 1124 was made on 22-11-1124, on a total income of Rs. 66,738. Later on it was ascertained that assessee had large bank deposits which were not recorded in his books of accounts and that the income from these deposits were also not assessed to income-tax. Notice under section 47 was issued on 23rd August, 1951, to tax the escaped incomes. Assessee filed a return on 27th September, 1951. Subsequently on 22nd October, 1951, assessee filed a disclosure statement showing Rs. 1,60,000 as untaxed income from sundry business during 1942 to 1947. Assessee also filed an amended return of income for 1124 assessment on 28th November, 1951, showing a total income of Rs. 99,531 which included untaxed income of Rs. 30,000 under business and Rs. 2,796 under interest and dividends. The disclosure case has been fully discussed with assessee's representatives and assessee has agreed to be assessed on Rs. 2,25,000 in the place of Rs. 1,60,000 originally disclosed by him. According to the agreed apportionment the business income for 1947 to be assessed now is Rs. 40,000"; revised the assessment already made and directed that the balance of the tax due should be paid by 15th March, 1952. 2. The tax was accordingly paid and there is no prayer in the petition for the refund of the whole or any portion thereof. The prayers in the petition (omitting the prayer regarding costs) are : (a)for a declaration "that the order of re-assessment passed by the first respondent on 29th February, 1952, in respect of the income and profits of the petitioner's business in the year 1124 (Exhibit C) is vitiated by mistake…

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