Summarize the following court judgment. Civil Appeal No. 60 of 1961. 2 Appeal from the judgment and order dated September 15	 1958	 of the Mysore High Court at Bangalore in Writ Petition No. 144 of 1957. K. N. Rajagopal Sastri and P. D. Menon	 for for the appellant. Rameshwar Nath	 section N. Andley and P. L. Vohra	 for the respondent. October 5. The Judgment of the Court was delivered by KAPUR	 J. This is an appeal on a certificate of the High Court under article 133 (1)(c) of the Constitution against the judgment and order of the High Court of Mysore passed in a petition under article 226 of the Constitution of India. The appellant before us is the 1st Additional Income tax officer and the respondent is the assessee	 and the matter relates to the assessment year 1948 49 the accounting year being 1947 48. The facts of this appeal are as follows. On November 27	 1956	 a notice was issued to the respondent under B. 34 (1)(a) of the Indian Income tax Act calling upon him to make a return on the ground that his income had escaped assessment for the assessment year ending 31st March	 1949. This notice was served on the respondent on November 29	 1956. The respondent objected that no notice under B. 34 of the Income tax Act could be issued to him because of the lapse of eight years from the end of the accounting year. This objection was overruled and the respondent filed on June 12	 1957	 in the High Court of Mysore	 a petition under article 226 of the Constitution for a writ of certiorari quashing the order made by the Income tax officer. The High Court held on a construction of s 34 of the India Income tax Act	 that the words 'any year" as used in section 31(1)(a) mean not the assessment year but the accounting year. It is that question which is required to be decided in this appeal. Section 34(1 )(a) reads: 3 section 34(1) "If (a) the Income tax officer has reason to believe that by reason of the omission or failure on the part of an assessee to make	 a return of his income under section 22 for any year or to disclose fully and truly all material facts necessary for his assessment for that year income	 profits or gains chargeable to income tax have escaped assessment for that year	 or have been under assessed	 or assessed at too low a date	 or have been made the subject of excessive relief under the Act	 or excessive loss or depreciation allowance has been computed	 or (b) . . . . . . he may in cases falling under clause (a) at any time within eight years serve on the assessee	 or if the assessee is a company on the principal officer thereof	 a notice containing all or any of the requirement which may be included in a notice under sub section (2) of section 22 and may proceed to assess or re assess such income	 profits or gains or recompute the loss or depreciation allowance; and the provisions of this Act shall	 so for as may be	 apply accordingly as if the notice were a notice issued under that sub section;". The argument is that the words "any year" in cl.(a) refer to the assessment year because under the Income tax Act the income of the previous year is assessed for the assessment year. For this purpose reference was made to some of the other provisions of the Income tax Act. In section 3 of that Act	 which is the charging section	 it is provided: section 3 "Where any (Central Act) enacts that income tax shall be charged for any year at any rate or rates tax at that rate or those rates shall be charged for that year in accordance with	 and subject to the provisions 4 of	 this Act in respect of (the total income) of the previous year of every (individual	 Hindu undivided family	 (company and other local authority	 and of every firm and other ar association of persons or the partners of the firm or the members of the association individually)` ' . This shows that income tax is charged for "any year" at the rate or rates set out in a Central Act and the reference is to the Indian Finance Act in this case to that of 1948	 (Act XX of 1948): Section 9 of that Act reads as follows: section 9(1) "Subject to the provisions of sub sections (3)	(4)	 (5) and (6)	 for the year beginning on the 1st day of April	 1948	 (a) income tax shall be charged at the rates specified in Part I of the Second Schedule to this Act	 and (b). . . . . . (2) In making any assessment for the year ending on the 31st day of March	 1949	. . . (3) In making any assessment for the year ending on the 31st day of March	 1949	 (a) . . . . . (b) . . . . . It is quite clear from this section that according in to the Finance Act 1948	 the income tax was to be charged at the rates specified in the Schedule attached thereto for the year beginning on the 1st day of April	 1918	 and the assessment was for the year ending on March 31	 1949 under sub sections (2) and (3). Thus according to the Indian Finance Act assessment was to be made for the year ending March 31	 1949 at rates specified for the year beginning April 1	 1948. Coming now to 8. 22(1) it is there (1) provided that section 22(1) "The Income tax officer 5 shall	 can or before the 1st day of May in each year give notice by publication in the press and publication in the prescribed manner	 requiring every person whose total income during the previous year exceeded the maximum amount which is not chargeable to income tax to furnish	 within such period less than sixty days as may be specified in the notice	 a return	 in the prescribed manner	 setting forth (along with such other particulars as may be required by the notice) his total income and total world income during that year: . . " It shows	 therefore	 that a return has to be made for the year of assessment in regard to the total income during the previous year which is the accounting year; in other words income tax is assessed for the assessment year on total income of the previous year. When under section 34 (1) (a) a return is required the return has to be made under section 22 for any year	 and when the reference is to omission to make a return of the income under section 22 for any year	 the year is the assessment year	 although the income which is declared relates to the previous year. The reference in cl. (a) of sub section (1) to B. 22 of the Act therefore makes the meaning of the phrase for any year" referable to an assessment year. The clause makes it clear that an assessee can be called upon to make a full and true disclosure of all materials necessary for his assessment of that year which necessarily must mean an assessment year and it is	 in our opinion	 erroneous to say that a return under section 22 of the assessees income for any year would have a different meaning in the first part from that dealing with the full and true disclosure of all material facts necessary for the assessment for that year. With due respect to the learned Judges of the High Court who gave the decision	 the view 6 taken by them as to the meaning of "any year" was erroneous	 and the correct way of interpreting section 34 (1) (a) is that the words "for any year" mean for any assessment year and not for any accounting year because as we have said above	 the assessment is for the assessment year although of the income which accrued in the previous year. It may be added that the previous year for different heads of income falling under different sections of the Indian Income tax Act may vary and it could not have been the intention of the Legislature to give different starting points of limitation for different sources of income. Reading the various sections of the Indian Income Tax Act	 which are set out above and the provisions of Indian Finance Act 1948	 it is clear that the words "that year." in section 31(1) (a) have reference to the assessment year and not the accounting year. Our attention was drawn to a	 judgment of this court in Pannalal Nandlal Bhandari vs Commissioner of Income tax	 Bombay City(1). In that case it was held that once a notice is given in the prescribed manner under section '22 (1) of the Income tax Act every person whose income exceeds the maximum amount	 exempt from tax	 is obliged to submit a return	 and	 if he does not do so it will be deemed that there was an omission on his part within section 34 (1) (a). The question now debated was not raised there but it was observed that the notices had been issued within eight years from the end of the years of assessment and if cl. (1) (a) of section 34 was applied the assessment was not barred by the law of Limitation. It was also observed at page 79 that "the appellant not having submitted a return in pursuance of the notice issued under section 22 (1 ) the Income tax officer was competent under section 34 (1) (a) to issue notice at any time within eight years of the end of the year of assessment for assessing him to tax". (1)[1961] 2 section C. R. 35. 7 The appellant also relied upon C.W. Spencer vs Income tax officer	 Madras(1). It was there observed: The period of limitation	 whether it is eight years for cases falling under section 34 (1) (a) or four years falling under section 34 (1) (b)	 has to be computed from the end of that year. Though the expression "year" has not been further defined by section 34 itself	 it should be clear from the context to the section itself that the year referred to is the assessment year and has no reference to the accounting year	 which is elsewhere specified by the Act itself as the previous year. " In our opinion therefore	 the view taken by the Madras High Court in C. W. Spencer 's (1) case is the correct view and the view taken by the learned judges of the Mysore High Court is erroneous. We therefore allow this appeal	 set aside the judgment and order of the High Court by which the proceedings taken against the respondent were quashed. The respondent will pay the costs of the appeal in this court and in the High Court.

In 1956 a notice was issued to the respondent under section 34(1)(a) of the Indian Income tax Act	 calling upon him to make a return on the ground that his income had escaped assessment for the year ending 31st March	 1949 The respondent contended that notice under section 34 of the Act could not be issued to him because of the lapse of eight years from the end of the accounting year. This contention was not accepted by the Income Tax officer. The assessee then filed an application under article 226 of the Constitution. The High Court held on a construction of section 34 of the Act	 that the words 'any year ' as used in section 34(1)(a) mean. not the assessment year but the accounting year. The Income tax officer appealed The contention was that the words 'any year ' in cl. (a) refer to the assessment year. ^ Held	 that the correct way of interpreting section 34(1)(a) of the Indian Income tax Act	 1922	 read with the provisions of the Indian Finance Act	 1948	 is that the words 'for any year ' mean for any assessment year and not for any accounting year because the assessment is for the assessment year although of the income which accrued in the previous year (year of account) The Previous year for different heads of income falling under different sections of the Indian Income tax Act may vary but does not give different starting points of limitation for different sources of income. Panna Lal Nand Lal Bhandari vs Commmissioner of Income Tax	 Bombay City	 ; 	 referred to. C. W. Spencer vs Income tax officer	 Madras	 	 approved.