( 1 ) THIS appeal is directed against a judgment and order dated February 26, 1971, passed in Civil Rule No. 2262 (W) of 1966 by P. K. Banerjee J. By the said order the learned judge was pleased to discharge the rule obtained by the appellant against initiation of proceedings under Section 148 of the Income-tax Act, 1961, for the assessment years 1950-51 to 1961-62, by the Income-tax Officer, Central Circle I, respondent No. 1.

( 2 ) THE appellant, which carries on business, inter alia, in export and import and also trade in general merchandise, is alleged to have been regularly assessed under the Indian Income-tax Act. It has been alleged that for the assessment year 1950-51 they were assessed on March 29, 1955, under Section 23 (3) of the Indian Income-tax Act, 1922, and the total income was computed at Rs. 5,52,829. Similarly, for the assessment years 1951-52 and 1952-53, they were assessed under the said section and the total income was computed at Rs. 34,562 and Rs. 2,09,486, respectively. The appellant has also alleged that similarly for the assessment years 1953-54, 1954-55, 1955-56 and 1956-57, assessments were made under the said section and the Income-tax