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1955 Supreme(Mad) 173

RAJAGOPALAN, RAJAGOPALA AYYANGAR
Sivagaminatha Mooppanar & Sons – Appellant
Versus
The Income-tax Officer, II Circle, Mathurai – Respondent


Advocates:
R.Kesava Aiyangar and K.Parasaran for Petitioner.
C.S. Rama Rao Sahib for Respondents.
The Advocate-General (V.K.Tiruvenkatachari) appearing on behalf of the Attorney-General of India.

Order

These are petitions for the issue of writs of prohibition forbidding the first respondent, the Income-tax Officer, II Circle, Mathurai and the Collector of Mathurai from proceeding with the collection of penalties levied against the petitioner by the 1st respondent for the assessment years 1944-45,1945-465 1946-47 and 1947-48, the four petitions relating to the four years mentioned above.

The petitioner is a yarn-dealer. Part of his business consists of exports to Ceylon. For the assessment year 1944-45 he submitted a return to the income-tax authorities claiming a loss of Rs.23,891. In regard to the next year, 1945-46 his return disclosed a net profit of Rs.25,152. The returns in respect of both the years were taken up for consideration together by the then Income-tax Officer, Mathurai, Sri Rathnaswami, who came to the conclusion that the returns of the petitioner should not be accepted and that he had deliberately furnished false particulars regarding his income and, after making some additions, computed his, total income for the year 1944-45 as resulting in a profit of Rs.3.914. The tax payable on this income was Rs.183-15-0 for which a demand notice was issued., For the yea



































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