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1960 Supreme(SC) 321

J.C.SHAH, M.HIDAYATULLAH, J.L.KAPUR
Esthuri Aswathiah – Appellant
Versus
Income-tax Officer, Mysore State – Respondent


Advocates:
A.N.KIRPAL, D.GUTPA, K.SRINIVASAN INDRAJEETH SHAH, R.GOPAL KRISHNAN

Judgment

SHAH, J. : This appeal with certificate of fitness granted by the High Court of Judicature of Mysore is from an order rejecting the petition of the appellant for a writ to quash a notice of reassessment under S. 34 of the Indian Income-tax Act.

2. The appellants are a Hindu Undivided Family carrying on business in groundnuts and other commodities at Goribidnur, Kolar District, in the territory which formed part of the former State of Mysore. The Mysore Income-tax Act was repealed and the Indian Income-tax Act was brought into force in the Part-B State of Mysore as from April 1, 1950. The appellants had adopted as their year of account July 1 to June 30 of the succeeding year and they were assessed under the Mysore Income-tax Act on that footing for the year of assessment 1949-50 corresponding to the year of account July 1, 1948, to June 30, 1949. After the Indian Income-tax Act was applied to the State of Mysore on December 26, 1950, notice under S. 22(2) of the Indian Income-tax Act was served upon the appellants requiring them to submit their return of income for the assessment year 1950-51. On September 8, 1952, the appellants submitted their return stating that for the y















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