Bhagwan Das Sita Ram (HUF) v. CIT [1984] 146 ITR 563 (SC)

[1984] 146 ITR 563 (SC)

Supreme Court Of India

Bhagwan Das Sita Ram HUF

V.

Commissioner Of Income-Tax

V.D. Tulzapurkar And Sabyasachi Mukharji, Jj.

Civil Appeal Nos. 1168 And 1169 Of 1973

March 5, 1984

JUDGMENT

Sabyasachi Mukharji, J.—These appeals by certificate granted by the High Court of Allahabad under section 66A(2) of the Indian I.T. Act, 1922, arise out of the judgment delivered and order passed on 3rd January, 1973, by the High Court of Allahabad in Income-tax Reference No. 450 of 1965. The following question of law had been referred to the High Court for consideration under section 66(1) of the Indian I.T. Act, 1922, by the Appellate Tribunal, Allahabad Bench, Allahabad :

“Whether, on the facts and in the circumstances of the case, valid assessments could be made on 31st May, 1962, for the assessment years 1948-49 and 1949-50 on the basis of voluntary returns of income filed under section 22(1) of the Indian Income-tax Act, 1922, on November 18, 1950?”

The matter came up before a Division Bench of the High Court and as there was a previous Bench decision of that court in the case of Sool Chand Ram Sewak v. CIT [1969] 73 ITR 466, which supported the Revenue’s case and as the Division Bench before whom this case came was unable to accept that view, the Division Bench referred the case to a larger Bench. This reference, thereafter, came before a Full Bench consisting of Gulati, H.N. Seth and C.S.P. Singh JJ. Gulati and C.S.P. Singh JJ. answered the question in the affirmative in favour of the Revenue and against the assessee. Seth J., however, was in favour of the assessee. In view of the majority, the question was answered in favour of the Revenue and in affirmative.