( 1 ) THE appeal being A. P. O. No. 701 of 1992 has been preferred by the appellant against the judgment and order dated June 19, 1991, passed by the learned single judge of this court in Matter No. 622 of 1990. By the judgment and order impugned the learned judge allowed the writ petition filed by the petitioner, presently the respondent, and set aside the notice in question issued under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), in respect of the assessment year in question. The notice impugned in this proceeding is dated March 30, 1987, and the same relates to the assessment year in question 1970-71.

( 2 ) THE facts of the case may briefly be stated as follows : In 1950, the petitioner purchased premises No. 5, Clive Row, Calcutta (hereinafter referred to as the said "premises"), at a public auction which was conducted by the certificate officer under the provisions of the Bengal Public Demands Recovery Act, 1913. The petitioner purchased the said premises subject to prior encumbrances for a total price of Rs. 2,27,250. The auction under the Bengal Public Demands Recovery Act, 1913, was for recovery of sales tax. The pet