Law: Income Tax Act, 1922

Section: 22,23,34

Income tax Act (XI of 1922)-----Ss. 22, 23 & 34 Re assessment Assessee submitting return showing no income Income tax Officer taking no action on return Initiation of re assessment proceedings Invalidity. The assessee took a toddy lease operative for the period October 1, 1943, to September 30, 1944. His claim was that he had sustained a loss during that period. In response to a notice under section 34 of the Income tax Act, he submitted a return on March 29, 1946, for the assessment year 1944 45 showing loss and treating the period October 1, 1943 to September 30, 1944, as the previous year. On the same day he also submitted a return for the assessment year 1945 46 treating the period October 1, 1944, to September 30, 1945, as the previous year and showing no income. The Income tax Officer declared the assessee not assessable for the year 1944 45 but took no action on the return for the assessment year 1945 46. Later, on February 27, 1950, the Income tax Officer issued a notice of re assessment under section 34 of the Income tax Act and completed the proceedings: Held, whether the particulars furnished in the return were correct or not, as the assessee had in fact submitted a return for the year 1945 46, and the Officer had not made an assessment, the assessment for 1945 46 remained undisposed of and the Income¬ tax Officer was therefore not entitled to initiate proceedings under section 34 for that year. Commissioner of Income tax v. Ranchhoddas, Karsondas (1959) 36 I T R 569 ref. STATEMENT OF CASE In compliance with the requisition of the High Court of Judicature at Madras under section 66 (2) of the Indian Income tax Act in Civil Miscellaneous Petition No. 4225 of 1954, dated January 18, 1955, we state a case agreed to by both the parties, and refer it to the High Court of Judicature at Madras. The question of law on which the Tribunal has been directed to state a case are as follows:-- "(i) Whether on the facts and in the circumstances of the case the assessment made on the assessee is valid in law. (ii) Whether on the facts and in the circumstances of the case the Income tax Officer was correct in adopting the period October 1, 1943, to September 30,…

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