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1980 Supreme(SC) 413

E.S.VENKATARAMIAH, P.N.BHAGWATI
Kishinchand Chellaram – Appellant
Versus
Commissioner Of Income Tax, Bombay City Ii, Bombay – Respondent


Advocates:
A.Subhashini, Ashok Advani, H.G.Advani, HIRANANDAN, K.BALASUBRAMANIAM, P.A.Francis, SHEIL SETHI

JUDGMENT

BHAGWATI, J.:—The short question which arises for determination in this appeal by special leave is whether there was any material evidence to justify the finding that a sum of Rs. 1,07,350/- was remitted by the assessee from Madras to Bombay and that it represented the un-disclosed income of the assessee. The assessee before us is the firm of M/s. Kishinchand Chellaram and the assessment year with which we are concerned is 1947-48, the relevant accounting year being the year ending 6th April, 1947. The original assessment of the assessee for this assessment year was completed long back, but it seems that some information was received by the Income-tax Officer that a sum of Rs. 1,07,350/- was remitted by the assessee from Madras by two telegraphic transfers through the Punjab National Bank Limited and the Income-tax Officer therefore addressed two letters dated 14th January, 1955 and 10th February, 1955 to the Manager of the Punjab National Bank Limited making inquiries about this remittance. Neither these two letters nor their copies appear to have been brought on record and it was common ground between the parties that they were at no time disclosed to the assessee and ev













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