Law:

Section:

Section 142 of the Income-tax Act, 1961 (Corresponding to section 22(4) of the Indian Income-tax Act, 1922) Assessment - Inquiry before assessment - Assessment year 1949-50 - Whether calling for particulars and information besides accounts and documents would be good and valid notice under provisions of section 22(4) of 1922 Act as amended by Amendment Act of 1953 - Held, yes - Whether reference to 1-4-1952 in section 22(4) of 1922 Act is to regulate all notices which had asked for particulars and information in addition to accounts and documents subsequent to that date even though at time when said notices were given amended part of said section was not on statute book - Held, yes - Whether class of persons, who are similarly situated so far as operation of section 22(4) of 1922 Act is concerned, is of all those persons whose assessments had not been finished at time when amended provision came on statute book and amended provision when applied to this class of persons is not capable of treating them differently and, therefore, said section does not violate article 14 of Constitution - Held, yes FACTS In the assessment of the assessee for the assessment year 1949-50, notices were issued by the ITO under section 22(4) of the 1922 Act on 12-10-1953, and on 21-12-1953, calling upon the assessee to furnish accounts, documents and information in respect of the items specified by him in a letter accompanying each of the notices. The assessee failed to comply fully with the said notices and the ITO made a best assessment under section 23(4) of the 1922 Act. On appeal, the assessee contended that prior to the amendment of section 22(4) of the 1922 Act by the Amending Act of 1953, the ITO could under the said section ask only for the production of accounts and documents and not for any other information or particulars; that the amendment made by the Amending Act of 1953 gave power to the ITO to require the assessee to supply particulars and information in addition to the accounts and documents, but this amendment became operative only from the 1-4-1952, and, therefore, could not apply to assessment of a period prior to the said date; that since the assessment in the…

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