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1971 Supreme(P&H) 196

BAL RAJ TULI
Karam Chand Kakkar – Appellant
Versus
Income-tax Officer – Respondent


Judgment

Bal Raj Tuli, J.

1. This judgment will dispose of C.Ws. Nos. 1398 and 1399 of 1971, as the facts are identical and the relief claimed is also the same. Two writ petitions have been filed because two different assessment years are involved. C.W. No. 1398 of 1971 relates to the assessment year 1964-65, while C.W. No. 1399 of 1971 relates to the assessment year 1963-64. It is only necessary to refer to the facts in C.W. No. 1399 of 1971 to decide the matter in dispute.

2. The petitioner-firm filed its return for the assessment year 1963-64 on September 30, 1963, as required under Section 139 of the Income-tax Act, 1961 (hereinafter called "the Act"). Along with the return of income, the balance-sheet was filed in which credit entries in the names of the following firms were shown:

Rs. 25,000 against M/s. Tola Singh Sohan Singh.

Rs. 20,000 against M/s. Amir Chand Moti Ram.

Rs. 23,000 against M/s. Mool Chand Chander Bhan.

Rs. 10,000 against M/s. Gurdit Singh Kataria.

Rs. 30,000 against M/s. Didar Singh Charan Singh.

3. The taxable income was shown as Rs. 43,170.

4. On March 3, 1964, the Income-tax Officer issued a notice under Section 143(2) of the Act to the petitioner-firm for
















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