Judgement

M. HIDAYATULIAH J. : This appeal on a certificate of fitness granted by the High Court of Judicature at Bombay has been filed by the Commissioner of Income-tax, Bombay against Ranchoddas Karsondas of Bombay (hereinafter referred to, as the assessee) under S. 66A of the Indian Income-tax Act

2. The facts leading up to this appeal are as follows: For the assessment year 1945-46, a public notice under S. 22 (1) of the Income-tax Act (hereinafter called the Act) was issued, requiring every person whose total income during the previous year exceeded the maximum amount which was not chargeable to income-tax to furnish, within such period not being less than sixty days as might be specified in the notice, a return of his income in the prescribed form and verified in the prescribed manner. This notice was published on or about 1-5-1945. The assessee did not make a return of his income. The Income-tax Officer, while examining the books of account of a partnership called the "Assar Syndicate" of which the assessee was a partner, found that in the account year corresponding to the assessment year 1945-l946, there were six cash credits aggregating to Rs. 59,026 in the name of the asse