Law: Income Tax Act, 1922

Section: 22,34,(1)(a)

Income tax Act (XI of 1922), Ss. 22, 34, (1) (a) (before and after Amendment in 1956) Reassessment Notice under S. 34 (1) (a) Limitation Starting point Contents of notice. The starting point of limitation so far as it relates to a matter falling under section 34 (1) (a) of the Income tax Act (for the service of notice of reassessment proceedings) is the end of the accounting year for which the return has to be made under section 22. The words "any year" occurring in section 34 refer to the "previous year" and not to the assessment year. No change has been effected by the amendment in 1956 of section 34 as to the point from which the computation of the eight years mentioned in the section has to start. The position is exactly the same after as it was before the amendment in 1956. Clause (b) of subsection (1) of section 34 of the Income tax Act deals with a matter different from what is contained in clause (b) and the provisions of clause (b) cannot have a bearing on the interpretation of clause (a). The notice under section 34 (1) (a) of the Income tax Act need not contain any statement that the assessee did not disclose all facts fully and truly necessary for his assessment for the relevant year. JUDGMENT S. R. DAS GUPTA, C. J. The petitioner before us was assessed under the Indian Income tax Act for the assessment year 1948 49. On 27th November, 1956, he was served with a notice under section 34 of the Income tax Act. In the said notice it was stated that whereas the Income tax Officer has reason to believe that the income of the petitioner assessable to income tax for the year ending 31st March, 1949, has escaped assessment, he is required to deliver within 35 days of the receipt of this notice a return in the attached form of his total income and world income assessable for the year ending 31st March, 1949. The petitioner appeared before the Income tax Officer pursuant to the said notice and challenged the right of the Income tax Officer to proceed under the said section. The main contention of the petitioner before the authority concerned was that the notice was given beyond the period mentioned in section 34 of the Income tax. Act. The Income tax Officer…

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