Summarize the following court judgment. Civil Appeal No. 254 of 1954. Appeal by special leave from the judgment and order dated February 19	 1952	 of the Patna High Court in Misc. Case No. 244 of 1949. B. Sen	 section K. Majumdar and I. N. Shrojj	 for the appellant. M. C. Setalvad	 Attorney General for India	 B. K. Saran and R. C. Prasad	 for the respondent. May 15. The Judgment of the Court was delivered by HIDAYATULLAH J. This appeal	 with the special leave of this Court	 has been filed by Maharajadhiraja 334 Sir Kameshwar Singh of Darbhanga (hereinafter referred to as the assessee) against the judgment of the High Court of Patna dated February 19	 1952	 by which the High Court answered in the affirmative the following: two questions referred to it under section 25(1) of the Bihar Agricultural : (1) " Whether in view of the circumstances of the case	 and particularly the manner in which	 after due consideration	 the learned Agricultural Incometax Officer in his first judgment dated the 5th January	 1946	 had held that the assessee was not liable to be assessed for the receipt on account of the zarpeshgi lease	 the learned Agricultural Incometax Officer has jurisdiction to revise his own order under section 26 of the Act; and (2) Whether if he had the jurisdiction to revise his own order	 under section 26 of the Act	 the income from the zarpeshgi lease of the assessee was taxable under the Act. " The facts of the case lie within a very narrow com. For the assessment year 1944 45 which corresponded to the year of account 1351 Fasli	 the assessee returned Rs. 37	43	520 as his agricultural income. He claimed a deduction of Rs. 9	42	137 3 10 1/2 on account of land revenue	 rent etc.	 including a sum of Rs. 2	82	192 shown to have been paid to the Tekari Raj from which two leasehold properties were taken on zarpeshgi lease by indentures dated August 15	 1931	 and January 31	 1936	 respectively. The amount was sought to be deducted as a capital receipt. The Agricultural Income tax Officer of Darbhanga by his order dated December 28	 1945 accepted this contention	 and exempted the amount from payment of agricultural income tax. He observed: " Out of Rs. 9	42	137 3 10 1/2 claimed on account of Land Revenue and rent	 Rs. 2	82	192 is shown as payment to Tekari Raj and then taken towards the realisation of Zarpeshgi Loan to self. I have gone through the bond of Gaya Zarpeshgi Lease. This payment is allowed to the assessee	 as it is a capital income according to the terms of the bond. At the 335 same time	 I think	 this amount of Rs. 2	82	192 should be treated as income to Tekari Raj and assessed in Gaya Circle along with other income of Tekari Raj as it is credited to that Raj by the assessee and then set off against the Zarpeshgi loan advanced to Tekari Raj. " The assessment was approved by the Assistant Commissioner of Agricultural Income tax on January 4	 1946	 and on the day following	 the Income tax Officer passed his formal order and issued a demand notice. The assessee paid two instalments out of three	 when on March 22	 1946	 the Agricultural Income tax Officer recorded the following order : " It appears that some agricultural income from Gaya Zarpeshgi lease which should have been taxed for the year 1944 45 (1351 Fasli) has escaped assessment. Issue notice under section 26 fixing the 20th May 1947. " After the assessee appeared	 a supplementary assessment order was passed and Rs. 39	512 6 0 were assessed as tax on Rs. 2	52	879. In deciding the matter	 the Agricultural Income tax Officer gave the following reasons: According to the terms of the lease the assessee is to remain in possession and enjoy the usufruct of the lands given in lease for a fixed number of years on payment of an annual thica rent of Rs. 1	000 to the lessor and thus satisfy himself for the entire amount of consideration money of the zarpeshgi lease in question. In fact	 by this zarpeshgi lease the assessee has been given the grant of lands for a fixed term on a fixed rent. Whatever income is derived from these lands during the tenure of this lease	 is the income of the assessee and as such it should be taxed in the hands of the assessee and not in the hands of the lessor." The Agricultural Income tax Officer purported to act under section 26 of the Bihar Agricultural (hereinafter referred to as the Act). The assessee appealed. The Commissioner of Agricultural Income tax reversed the decision. He pointed 336 out that the agricultural income from Tekari Raj property was returned by the assessee but was held to be exempt and thus could not be said ' to have escaped assessment so as to bring the case within section 26 of the Act. The Province of Bihar (as it was then called) 	moved the Board of Revenue	 Bihar which by a resolution dated February 7	 1948	 referred the two questions to the High Court of Patna. The Board did not express any opinion on the two questions. In the High Court	 both the questions were answered in favour of the State of Bihar. Leave having been refused by the High Court	 the assessee applied for	 and obtained special leave from this Court. Section 26 of the Act	 under which the Agricultural Income tax Officer purported to act is substantially the same as section 34 of the Indian 	 prior to its amendment. Necessarily	 therefore	 the rulings on the interpretation of the latter section were freely cited by the contending parties. Section 26 of the Act reads as follows: " If for any reason any agricultural income chargeable to agricultural income tax has escaped assessment for any financial year	 or has been assessed at too low a rate	 the Agricultural Income tax Officer may	 at any time within one year of the end of that financial year	 serve on the person liable to pay agricultural income tax on such agricultural income or	 in the case of a company	 on the principal officer thereof	 " a notice containing all or any of the requirements which may be included in a notice under subsection (2) of section 17	 and may proceed to assess or re assess such income	 and the provisions of this Act shall	 so far as may be	 apply accordingly as if the notice were a notice issued under that subsection: Provided that the tax shall be charged at the rate at which it would have been charged if such income had not escaped assessment or full assessment	 as the case may be. " For facility of reference	 the previous section 34 before the amendment in 1948 of the Indian may likewise be quoted here. It read: 337 If in consequence of definite information which has come into his possession the Income tax Officer discovers that income	 profits or gains chargeable to income tax have escaped assessment in any year	 or have been under assessed	 or have been assessed at too low a rate	 or have been the subject of excessive relief under this Act the Income tax Officer may	 in any case in which he has reason to believe that the assessee has concealed the particulars of his income or deliberately furnished inaccurate particulars thereof	 at any time within eight years	 and in any other case at any time within four years of the end of that year	 serve on the person liable to pay tax on such income	 profits or gains	 or in the case of a company	 on the principal officer thereof	 a notice containing all or any of the requirements 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	 and the provisions of this Act shall	 so far as may be	 apply accordingly as if the notice were a notice issued under that sub section: Provided that the tax shall be charged at the rate at which it would have been charged had the income	 profits or gains not escaped assessment	 or full assessment	 as the case may be:. . The short question is whether income which was returned but was held to be exempt from tax could be said to have " escaped assessment " so that the Agricultural Income tax Officer could exercise his powers under section 26 of the Act to tax it. This question arising under section 34 of the Indian has been considered on many an occasion by the High Courts and also by the Privy Council and this Court. The Patna High Court has correctly pointed out that the preponderance of opinion is in favour of holding that such income can be said to have escaped assessment. The High Court in deciding that the Agricultural Income tax Officer had jurisdiction to revise his earlier assessment referred to the opening words of section 26	 namely	 " for any reason " and observed that it was 43 338 not necessary to give a restricted meaning to the word "escaped "	 and that if an item of income was not charged to tax due to a mistake or oversight on the part of the taxing authorities	 that item could well come within the term " escaped ". According to the High Court	 the phrase " escaped assessment " was not confined to cases where there had been an inadvertent omission	 but in view of the later part of the section "where income . has been assessed at too low a rate"	 included a case where there was a deliberate action. Learned counsel for the assessee contends that the generality of the words " any reasonhas no bearing upon the construction of the wordsescaped assessment "	 that the word " assessment "does not connote the final determination to tax income but the entire process by which the result is reached	 and that inasmuch as the income was actually returned and held to be exempt	 there was no question of an "escaped assessment " because it passed through the processing of income. He also contends that the later part of the section which deals with assessment at too low a rate cannot be called in aid to decide when income can be said to have escaped assessment. He submits that the section has no application to cases where income is returned but is held to be not liable to tax and relied upon the following cases; Maharaja Bikram Kishore vs Province of Assam (1)	 Commissioner of Income tax vs Day Brothers (2)	 Madan Mohan Lal vs Commissioner of Income tax (3) (per Dalip Singh	 J.) and Chimanram Motilal (Gold and Silver)	 Bombay vs Commissioner Of Income tax (Central)	 Bombay (4) (per Kania	 J.	 as he then was). The learned Attorney General drew the attention of the Court to other cases in which the view has been taken that even if income is returned and deliberately not charged to tax	 the condition required for the application of the section is fulfilled. He cited the following cases in support of his contention: AngloPersian Oil Co. (India) Ltd. vs Commissioner of IncometaX (5)	 P. C. Mullick and D. 0. Aich	 In re( ')	 The (1)[1949] (2)[1936] (3)[19351 (4) BOM. (5) [1933] [ I.T.R. 129. (6) 339 Commissioner of Income tax vs Raja of Parlakimedi (1) Chimanram Moti Lal (Gold and Silver)	 Bombay vs Commissioner of Income tax (Central)	 Bombay (2) and Madan Mohan Lal vs Commissioner of Income tax (3). The learned Attorney General also relied strongly upon a recent decision of this Court in Kamal Singh vs Commissioner of Income tax	 Bihar and Orissa (4)	 where Gajendragadkar	 J.	 after a review of all the authorities	 held that section 34 of the Indian Income tax Act was applicable to a case where an item of income was returned but deliberately and after consideration	 was held to be not liable to tax. Learned counsel for the assessee contends that the point was left open in that case	 and refers to Messrs. Chatturam Horilram Ltd. vs Commissioner of Income ' tax	 Bihar and Orissa(5) as having held the contrary. Before referring to the other authorities of the High Courts	 it will be proper to see if the two cases of the Supreme Court are in point or not	 and if so	 which of them. In Kamal Singh 's case (4)	 the point arose under the following circumstances. The father of the appellant in that case was assessed to income tax for the year 1945 46. The total income assessed to incometax was Rs. 1	00	000 which included a sum of RE;. 93	604 received by him on account of interest on arrears of rent due to him after deduction of collection charges. It was urged before the Income tax Officer that this interest was not assessable to income tax being agricultural "income	 in view of the decision of the Patna High Court in Kamakshya Narain Singh vs Commissioner of Income tax(6). The Income tax Officer did not accept this contention on the ground that an appeal was pending against the Patna High Court 's decision	 before the Privy Council. On appeal	 the Appellate Assistant Commissioner held that the Income tax Officer was bound to follow the decision of the High Court	 and he set aside the order and directed the Income tax Officer to make a fresh assessment. The Income tax Officer thereupon deducted the amount (1) Mad. (2) Bom. (3) (4) ; (5) [1955] 2 S C.R. 290. (6) [I946] 340 and brought only the remaining income (after some minor adjustments) to tax. His order was passed on August 20	 1946. In the year 1948	 the Privy Council reversed the Patna High Court 's decision. The judgment of the Privy Council is reported in Commissioner of Income tax vs Kamakshya Narain Singh( '). The Income tax Officer then issued a notice under section 34 of the Indian 	 and after hearing the party assessed the sum of Rs. 93	604. After sundry procedure which it is not necessary to detail	 the matter reached this Court	 and the question which was before it was " whether in the circumstances of the case	 the assessment order under section 34 of the Act of the interest on arrears of rent is legal. " Two questions were involved. The first was whether the word " information " was wide enough to include knowledge about the state of the law or about a decision on a point of law. With that point we are. 	 not concerned in this case. The second was	 when income could be said to have escaped assessment. Emphasis was laid on the word " assessment " in the arguments	 and it was contended that it denoted not merely the order of assessment	 but included " all steps taken for the purpose of levying of tax and during the process of taxation. " It was also contended that " escaped " meant that the income must have eluded observation	 search etc.	 or	 in other words	 eluded the notice of the Income tax Officer. Gajendragadkar	 J.	 however	 did not confine the phrase to such a narrow meaning. He observed; " Even if the assesse has submitted a return of his income	 cases may well occur where the whole of the income has not been assessed and such part of the income as has not been assessed can well be regarded as having escaped assessment. In the present case	 the rents received by the assessee from his agricultural lands were brought to the notice of the Income tax Officer; the question as to whether the said amount can be assessed in law was considered and it was ultimately held that the relevant decision of the Patna High Court 'Which was binding on (1)[1948) 341 the department justified the assessee 's claim that the said income was not liable to be assessed to tax. There is no doubt that a part of the assessee 's income had not been assessed and	 in that sense	 it has clearly escaped assessment. Can it be said that	 because the matter was considered and decided on ' the merits in the light of the binding authority of the decision of the Patna High Court	 no income has escaped assessment when the said Patna High Court decision has been subsequently reversed by the Privy Council? We see no justification for holding that cases of income escaping assessment must always be cases where income has not been assessed owing to inadvertence or oversight or owing to the fact that no return has been submitted. In our opinion	 even in a case where a return has been 	submitted	 if the Income tax Officer erroneously fails to tax a part of assessable income	 it is a case where the said part of the income has escaped assessment. The appellant 's attempt to put a very narrow and artificial limitation on the meaning of the word "escape ' in section 34(1)(b) cannot therefore succeed. " The assessee seeks to distinguish that case on the ground that this Court	laid down the law in the special circumstances where ' a new interpretation to the law was given	 and that it was not a case of the Incometax Officer changing his mind. He contends that there was at least some information which had come to the Income tax Officer	 on which his subsequent action could be rested. The learned counsel argued that Gajendragadkar	 J.	 had expressly left the question open	 where there was no information but the Incometax Officer merely changed his mind without any information from an external source. Reference in this connection is made to the following observations in the judgment: " It appears that	 in construing the scope and effect of the provisions of section 34	 the High Courts have had occasion to decide whether it would be open to the Income tax Officer to take action under a. 34 on the ground that he thinks that his original decision in making the order of assessment was 342 wrong without any fresh information from an external source or whether the successor of the Income tax Officer can act under section 34 on the ground that the order of assessment passed by his predecessor was erroneous	 and divergent views have been expressed on this point. Mr. Rajagopala Sastri	 for the respondent	 suggested that under the provisions of section 34 as amended in 1948	 it would be open to the Income tax Officer to act under the said section even if he merely changed his mind without any information from an external source and came to the conclusion that	 in a particular case	 he had erroneously allowed an assessee 's income to escape assessment. We do not propose to express any opinion on this point in the present appeal. " We may say at once that the words of section 26 of the Act do not involve possessing of or coming by some fresh information. The section says: " If for any reason any agricultural income chargeable to agricultural income tax has escaped assessment for any financial year the Agricultural Income tax Officer may proceed to assess such income The use of the words "any reason" which are of wide import dispenses with those conditions by which section 34 of the Indian is circumscribed. The point which was thus left over by Gajendragadkar	 J.	 cannot arise in the context of the Act we are dealing with. In view of this clear opinion	 it is hardly necessary for us to consider again the cases which Preceded the decision of this Court. The most important of them are considered in the judgment of Gajendragadkar	 J. Most of the cases are also considered in the judgment of Harries	 C. J.	 and Mukherjea	 J. (as he then was) in Maharaja Bikram Kishore vs Province of Assam (1). In all the cases where a contrary view was taken	 reliance was placed upon the decision of the Privy Council in Rajendra Nath Mukerjee vs Income tax Commissioner( ') particularly a passage wherein it was observed: (1) 	 (2) (1933) L.R. 61 I.A. 10	 16. 343 "The fact that section 34 requires a notice to be served calling for a return of income which had escaped assessment strongly suggests that income which has already been duly returned for assessment cannot be said to have 'escaped ' assessment within the statutory meaning. " The facts of the case were entirely different. The income was returned	 and was not yet processed when the notice under section 34 was issued. The key to the case is furnished by the approval by their Lordships of the observations of Rankin	 C.J.	 in In re: Lachhiram Basantlal (1) that: " Income has not escaped assessment if there are pending at the time proceedings for the assessment of the assessees ' income which have not yet terminated in a final assessment thereof. " Their Lordships held that the expression "has escaped assessment" should not be read as equivalent to "has not been assessed" because so to do "gives too arrow a meaning to the word 'assessment ' and too wide a meaning to the word escaped '." That those observations were related to the facts then before their Lordships is clear from the following passage: " To say that the income of Burn & Co.	 which in January	 1928	 was returned for assessment and which was accepted as correctly returned	 though it was erroneously included in the assessment of Martin & Co. '	 has escaped ' assessment in 1927 28 seems to their Lordships an inadmissible reading. . Their Lordships find it sufficient for the disposal of the appeal to hold	 as they do that the income of Burn & Co.	 did not 'escape assessment ' in the year 1927 28 within the meaning of section 34. " It was in the context of the pendency of assessment proceedings that the remarks were made	 and the matter is decisively cleared of any doubt by the following passage: " It may be that if no notice calling for a return under section 22 is issued within the tax year then section Cal. 909	 912. 344 provides the only means available to the Crown of remedying the omission	 but that is a different matter. " In our opinion	 the error in the cases relied upon by the assessee arises in using the dicta in the above case	 shorn of the context in which they were made and applying them to facts	 where they cannot. The judgment of Gajendragadkar	 J.	 has dealt with the matter	 if we may say so respectfully	 very adequately and we do not consider it necessary to cover the same ground again. The preponderance of opinion in the High Courts is also to accept the contrary view	 and we think rightly. The learned counsel for the assessee argued that the decision of this Court in Messrs. Chatturam Horilram Ltd. vs Commissioner of Income tax	 Bihar& Orissa (1) discloses a different view	 and that we should follow it in preference to the later view of Gajendragadkar	 J. We do not think that in the case last cited the point was the same. The same case was relied upon before the Bench of Venkatarama Aiyar	 Gajendragadkar and Sarkar	 JJ.	 and Gajondragadkar	 J.	 distinguished it This is what he observed: Mr. Sastri has also relied on the decision of this Court in Messrs. Chatturam Horilram Ltd. vs Commissioner of Income tax	 Bihar & Orissa (1) in support of his construction of section 34. In Chatturam 's case (1) the assessee had been assessed to income tax which was reduced on appeal and was set aside by the Income Tax Appellate Tribunal on the ground that the Indian Finance Act of 1939	 was not in force during the assessment year in Chota Nagpur. On a reference the decision of the tribunal was upheld by the High Court. Subsequently the Governor of Bihar promulgated the Bihar Regulation IV of 1942 and thereby brought into force the Indian Finance Act of 1939	 in Chota Nagpur retrospectively as from March 30	 1939. This ordinance was assented to by the Governor General. On February 8	 1944	 the Income Tax Officer passed an order in pursuance of which proceedings were taken against (1)[1955] 2 S.C.R. 290. 345 the assessee under the provisions of section 34 and they resulted in the assessment of the assessee to incometax. The contention which was raised by the assessee in his appeal to this Court was that the notice issued against him under section 34 was invalid. This Court held that the income	 profits or gains sought to be assessed were chargeable to income tax and that it was a case of chargeable income escaping assessment within the meaning of section 34 and was not a case of mere non assessment of income tax. So far as the decision is concerned	 it is in substance inconsistent with the argument raised by Mr. Sastri. He	 however	 relies on the observations made by Jagannadhadas	 J.	 that 'the contention of the learned counsel for the appellant that the escapement from assessment is not to be equated to non assessment simpliciter is not without force ' and he points out that the reason given by the learned Judge in support of the final decisions was that though earlier assessment proceedings had been taken they had failed to result in a valid assessment owing to some lacuna other than that attributable to the assessing authorities notwithstanding the chargeability of income to the tax. Mr. Sastri says that it is only in cases where income can be shown to have escaped assessment owing to some lacuna other than that attributable to the assessing authorities that section 34 can be invoked. We do not think that a fair reading of the judgment can lead to this conclusion. The observations on which reliance is placed by Mr. Sastri have naturally been made in reference to the facts with which the Court was dealing and they must obviously be read in the context of those facts. It would be unreasonable to suggest that these observations were intended to confine the application of section 34 only to cases where income escapes assessment owing to reasons other than those attributable to the assessing authorities. Indeed Jagannadbadas J.	 has taken the precaution of adding that it was unnecessary to lay down what exactly constitutes escapment from assessment and that it would be sufficient to place their decision on 44 346 the narrow ground to which we have just referred. We are satisfied that this decision is of no assistance to the appellant 's case. " For the reasons we have given	 we are of opinion that the Agricultural Income tax Officer was competent under section 26 of the Act to assess an item of income which he had omitted to tax earlier	 even though in the return that income was included and the Agricultural Income tax Officer then thought that it was exempt. The answer given by the High Court was therefore correct. This brings us to the second question. The income was received from the leasehold properties	 and was agricultural income. The contention of the assessee is that it may be agricultural income in the hands of the Tekari Raj but in his hands it was capital receipt and in repayment of the loan of about Rs. 17	00	000 paid to Ram Bhuwaneshwari Kuer. The State of Bihar	 however	 denies that there was a loan or a mortgage at all. The assessee	 it is contended	 was placed in possession for a number of years on a rent of Rs. 1	000 per year and the amount paid was premium and not a loan. The documents in question are two. They are plainly indentures of lease between the Rani and the. assessee. From these documents it is clear that in consideration of a payment of Rs. 17	16	000 the lessee was placed in possession of the leasehold property for 28 years. There is no express term which makes the sum a loan returnable either by repayment or by the enjoyment of the usufruct. There is no interest fixed or right of redemption granted. There is no provision for any Personal liability in case any amount remained outstanding at the end of the term of 28 years. These are the tests to apply to find out whether the transaction was one of zarpeshgi lease or a lease with a mortgage. See Mulla 's ' Transfer of Property Act	 4th Edition	 page 352. The learned counsel for the assessee in his careful argument took us through the two documents and endeavoured to prove that the relation of debtor and creditor subsisted between the parties. He referred 347 us to cl. 4	 which embodies a provision entitling the lessee to deduct 12 1/2 per cent. of the gross aggregate amount payable by the mokarraridars as expenses of collection and other charges incidental thereto after payment of rent reserved to the I lessor ' and to appropriate to himself the remainder. He submitted that the payment to the lessor was not a premium but a loan and the intention was that the lessee or creditor would be thus repaid. The clause by itself may admit of diverse constructions	 and possibly one such construction may be the one suggested	 but that is not the true purport of the clause read in the context of the rest of the instrument. To interpret this clause the instrument must be read as a whole	 and when so viewed	 it is found that it provides for an exemption of the lessor from the liability for collection charges. It places beyond doubt that the collection charges were not to be debited to the lessor but were to be borne by the lessee. Unless such a provision was included in the instrument	 it might have been a matter of some dispute as to who was to be responsible for this expenditure. The learned counsel for the assessee next drew our attention to the last clause of the instrument of January 31	 1936. That	 however	 was a special covenant	 and the provision therein was in relation to matters not covered by the instrument. That the income from this leasehold property which was land	 would fall within the definition of " agricultural income " was not seriously contested before us. The case of the assessee rests upon the claim that this was a money lending transaction and the receipts represented a capital return. If	 however	 the payment to the lessor was premium and not a loan	 the income	 being agricultural	 from these leasehold properties was assessable under the Act. We are of opinion that it was so	 and that the Agricultural Income tax Officer was right when he assessed it to agricultural income tax. The income was not the income of money lending	 and this does not depend upon the character of the recipient. The Thika 348 profits were clearly agricultural income being actually derived from land. The answer to the question by the High Court was thus correct. The result is that the appeal must fail	 and it is accordingly dismissed with costs. Appeal dismissed.

In his return of agricultural income for the assessment year I944 45 the appellant showed a sum of Rs. 2	82	192	 which he had paid to the Tekari Rai for two lease hold properties taken on Zarpeshgi lease	 as one of the items of the total amount of deduction claimed by him as capital receipt. The Agricultural Income tax Officer accepted his claim and exempted the amount from Payment of agricultural income tax. The Assistant Commissioner of Agricultural Income tax affirmed the decision. A demand notice was issued and the assessee paid two instalments. Thereafter	 the Agricultural Income tax Officer served on the assessee a notice under section 26 of the Bihar Agricultural 	 to the effect that income from the said Zarpeshgi lease had escaped assessment and after he appeared	 passed a 333 supplementary assessment order and assessed Rs. 39	5I2 6 o as tax. The assessee appealed. The Commissioner of Agricultural Income tax reversed the said decision. The Province of Bihar moved the Board of Revenue and the two questions it referred to the High Court under section 25(1) Of the Act were	 (1) whether in the facts and circumstances of the case	 the Agricultural Income tax Officer had jurisdiction to revise his own order under section 26 of the Act and (2) if so	 whether the income from the Zarpeshgi lease was taxable under the Act. The High Court answered both the questions in favour of the State of Bihar. Hence this appeal by the assessee by special leave. Held	 that under section 26 of the Bihar Agricultural 	 the Agricultural Income tax Officer had the power to revise his own order and assess an item of income which	 even though shown in the return	 he had earlier omitted to tax under a misapprehension that it was not taxable. The use of the words " any reason " in section 26 of the Act made the section wider than section 34 Of the Indian by dispensing with the conditions which circumscribed the section. Kamal Singh vs Commissioner of Income tax	 Bihar & Orissa	 ; 	 applied. Messrs. Chatturam Hoyilyam Ltd. vs Commissioner of Income tax	 Bihar and Orissa	 ; 	 distinguished. Case law discussed. Since the appellant had failed to prove his case that the income in question was income from his money lending business or that the payment made to the lessor was not by way of premium but as a loan	 the income from the lease hold property which was admittedly agricultural in character	 must be held to be liable to tax under the Act	 irrespective of the character of the recipient.