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1986 Supreme(SC) 164

SABYASACHI MUKHARJEE, R.S.PATHAK
K. George Thomas – Appellant
Versus
Commissioner Of Income Tax, Kerala – Respondent


Advocates:
A.K.VERMA, A.Subhashini, DEVI PRASAD PAL, K.C.DUA, SUKUMAR SAHU

JUDGMENT

PATHAK, J. :— These appeals by certificate granted by the Kerala High Court are directed against the judgment of that High Court answering the questions referred to it by the Income-tax Appellate Tribunal in favour of the Revenue and against the appellant.

2. The assessee, who is the appellant before us, is assessed to income-tax in the status of an individual. He runs a printing press known as Kerala Dwani and also a Malayalam daily newspaper of the same name. For the assessment year 1962-63, he filed a return of income showing a loss of Rs. 3,37,183/-. The Income-tax Officer found that various remittances from the United States of America had been received by him, ostensibly in his capacity as Vice-President of the India Gospel Mission. The assessee maintained two bank accounts with the Indian Overseas Bank, Kottayam. One account was in the name of the assessee and the other in the name of the India Gospel Mission. A credit of Rs. 5,85,637/-appeared in the account of the India Gospel Mission. The Income-tax Officer enquired into the utilisation of the funds credited in that account, and on examination of the material before him he found that the major part of the funds ha











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