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1993 Supreme(SC) 1110

G.N.RAY, K.JAYACHANDRA REDDY
G. L. Didwania – Appellant
Versus
Income Tax Officer – Respondent


ORDER

1. The matter arises under the Income Tax Act. The appellant was an assessee and for the assessment year 1960-61, he filed his return of income showing his income as Rs 26,224 in the prescribed form and the verification was signed by him on 25-8-1961 and the return was filed on 8-9-1961. The appellant showed his business income from firms in Delhi and Bombay. The assessment was made on 31-10-1961 by the officer concerned taking the income to be of Rs 35,699. There is another firm, M/s Young India and Transport Company in which the minor children of the appellant and his two employees were partners. During the course of the assessment proceeding the assessing authority reached the conclusion that it was not a genuine firm and the instrument of partnership was invalid and inoperative. Thereafter, the proceedings under Sections 147 and 148 of the Act were initiated against the appellant and his assessment was reopened. In pursuance of the notice under Section 148 of the Act, the appellant filed his return showing his income as Rs 29,500. The return was in the prescribed form and the verification thereto was signed by him. By an order dated 17-3-1969, the Income Tax Officer assess






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