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1978 Supreme(All) 174

SATISH CHANDRA, K.C.AGRAWAL
Mool Chand Mahesh Chand – Appellant
Versus
Commissioner Of Income-Tax – Respondent


Advocates Appeared:
R.K. Gaulati, Ashok Gupta

JUDGMENT

K.C. Agrawal, J.

1. THIS is a petition under Article 226 of the Constitution for a writ of certiorari quashing the order of the Commissioner of Income-tax dated 18th May, 1977, rejecting the application filed by the petitioner under Section 273A(i)(ii)(b) of the Income-tax Act, 1961 (hereinafter referred to as "the Act").

2. THE petitioner is a Hindu undivided family carrying on business in sarafa and money-lending. It was assessed to income-tax for the assessment year 1964-65. It, however, did not file returns in respect of the assessment years 1965-66 to 1968-69. For the assessment years 1969-70 and 1970-71 returns were filed on 25th March, 1970, and 6th March, 1971, respectively. It appears that while dealing with the case of the year 1969-70, the Income-tax Officer concerned considered it necessary to verify the correctness and completeness of the returns filed by the petitioner. Hence, a notice was issued on February 8, 1971, under Section 143(2) of the Act requiring the presence of the petitioner. THE petitioner's representative appeared on September 22, 1971, before the Income-tax Officer. On the aforesaid date the Income-tax Officer required the petitioner to file fu





















































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