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1964 Supreme(Cal) 170

Sinha
Madanlal Jajodia – Appellant
Versus
Income Tax Officer – Respondent


Advocates Appeared:
A.C. Mitra, N.R. Khaitan, G. Mitter, S. Mukherjee

Judgment

1. THIS application and four other applications, namely Matters Nos. 190 of 1962, 191 of 1962, 192 of 1962, and 193 of 1962, involve the same facts and the same points of law. They have been heard simultaneously and will be disposed of by this judgment. The facts are briefly as follows :

2. THERE is a partnership firm carried on under the name and style of Madanlal Sohanlal at No. 207, Chittaranjan Avenue, in the town of Calcutta, the partners whereof are Madaulal Jajodia, Sohanlal Jajodia, Sampatlal Jajodia and Pannalal Jajodia. Each one of them has made a separate application and that is why these five applications have come into existence. In or about April, 1947, an Act called the Taxation on Income (Investigation Commission) Act of 1947, being Act 30 of 1947, commonly known as the IT Investigation Commission Act, was promulgated for the purpose of making suitable provisions to investigate and ascertain the actual incidence of taxation on income disclosed or undisclosed for a period covering the accounting years from 1st April, 1939, to 31st March, 1947, the corresponding assessment years being 1940-41 to 1947,48. On the 15th May, 1948, the petitioner was served with a















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