K.K.MATHEW, S.MURTAZA FAZAL ALI
Kalyanji Mavji And Company – Appellant
Versus
Commissioner Of Income Tax, W. B. -ii – Respondent
JUDGMENT
FAZL ALI, J. :— This appeal by special leave involves the interpretation of the scope, extent and ambit of S. 34 (1) (b) of the Income-tax Act. 1922 with particular reference to the connotation and import of the word information used in Section 34 (1)(b). Although the question appears to have been settled in one form or the other by the decisions of this Court, the changing and diverse society such as ours dealing in complex commercial activities continues to produce multifarious facets of taxable income which has escaped assessment cloaked under difficult propositions and knotty legal problems. It is the onerous task of this Court to dispel the doubts and resolve and reconcile the differing views taken by the High Courts in various situations which every time poses a new problem.
2. The points involved in the instant case have baffled many a legal brain so much so that the High Court also appears to have been in two minds whether to place the information in the instant case as based on the materials already on the record of the original assessment of 1956-57 revealed by closer circumspection or to the information derived from subsequent or fresh facts. Before, however,
followed : Maharaj Kumar Kamal Singh V. The Commissioner of Income-tax, Bihar and orissa
COMMISSIONER OF WEALTH-TAX, WEST BENGAL, CALCUTTA V. IMPERIAL TOBACCO CO. OF INDIA LTD.
relied on : C. I. T. v. A. Roman And Co.
applied : C. I. T. v. A. Raman And Co.
distinguished : M/S. BANKIPUR GLUB LTD., PATNA V. THE C. I. T., BIHAR AND orissa, PATNA
COMMISSIONER OF INGOME TAX, EXCESS PROFITS TAX, HYDERABAD V. V. JAGAN MOHAN RAO AND OTHERS
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