H.N. Seth, J.

1. Controversy in this reference under Section 256(1) of the I.T. Act, 1961, concerns the assessment of Lala Madan Lal Agarwal (Hindu undivided family) for the assessment year 1946-47.

2. After obtaining approval of the Board for initiating proceedings to assess the escaped income of the assessee for the year 1946-47, the ITO, Aligarh, issued the following notice which was dated 29th September, 1962, to Sri Madan Lal Agarwal :

"Whereas I have reason to believe that your income......chargeable to tax for the assessment year in respect of which you are assessable in 1946-47, has escaped assessment within the meaning of Section 147 of the Income-tax Act, 1961 ;

1. therefore, propose to assess/reassess the income.....depreciation allowance for the said assessment year and I hereby require you to deliver to me within 30 days from the date of service of this notice, a return in the prescribed form of your income......in respect of which you are assessable for the said assessment year.

2. This notice is being issued after obtaining the necessary satisfaction of the Commissioner of Income-tax, U.P., Lucknow/the Central Board of Revenue.

(Sd.) J. S. Agarwal, andnbsp; andn