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1946 Supreme(Cal) 1

Gentle, Mond
Tarak Nath Bagchi – Appellant
Versus
Commissioner Of Income Tax – Respondent


Advocates Appeared:
M.N. Ghosh, S.D. Ghosh, S.K. Gupta, J.C. Pal

JUDGMENT

GENTLE, J.

1. THE applicant is the receiver appointed by this Court in respect of the assets of a business which was conducted in the name of M/s P.M. Bagchi and Co. THEre are several branches of this business at various places in Calcutta including one at No. 19 and 19/1, Gulu Ostagar Lane, and another at No. 14, Clive Street, Calcutta ; the former is within the area of the ITO of District No. 1 (2) and the latter within the area of the ITO of District No. 5. It is said that the principal place of business was at Gulu Ostagar Lane, Calcutta. Proceedings having been taken with respect to this business of which, at one time, a man named Panchanan Bagchi was the sole proprietor and the applicant having been appointed receiver, he entered upon his duties and took possession of the assets on the 18th July, 1935.

2. IN this matter before us, the CIT, Calcutta, is showing cause against a rule nisi granted by this Court on the 12th Jan., 1944, requiring the Tribunal to refer to this Court certain questions which the applicant alleges arose out of its decision with regard to the assessment of the profits of the business for the year 1935-36. The questions with which the rule nisi is














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