B. V. SWATHIAH & BROS. vs COMMISSIONER OF INCOME-TAX, MYSORE — 1971 PTD 369

Citation: 1971 PTD 369

Court: Mysore High Court

Year: 1967

Decision Date: 1967-01-11

Parties: B. vs SWATHIAH & BROS. vs COMMISSIONER OF INCOME-TAX, MYSORE

Headnotes

Case cited as 1971 PTD 369

Judgment Text

Court Name: Mysore High Court Judge(s): K. R. Gopivaliabha Iyangar, Narayana Pai Title: B. V. SWATHIAH & BROS. vs COMMISSIONER OF INCOME-TAX, MYSORE Case No.: Case No. 5 of 1966 Date of Judgment:1967-01-11 Reported As: 1971 PTD 369 Result: complaint made JUDGMENT JUDGMENT A. NARAYANA PAI, J.--The assessee, who is a manufacturer of agarbathies, made a return of his income for the assessm ent year 1958-59 disclosing Rs. 23,718.00 as the aggregate income from his business, The Income-tax Officer declined to accept it and, acting under the proviso to section 13 of the Income-tax Act of 1922, estimated his profits at 30 per cent of the turn--over resulting in an addition of Rs.25,792.00 to the gross profits disclosed by the assessee. The opinion of the officer was confirmed on appeal both by the Appellate Assistant Commis--sioner and later by the Income-tax Appellate Tribunal. The assessee moved the Tribunal under section 66(1) to refer the following question to this Court: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in sustaining the addition of Rs. 25,792 made for deficiency in the gross profits disclosed by the assessee ?" The Tribunal dismissed the application on the ground that no question of law arises out of the appellate order. The assessee then moved this Court under subsection (2) of section 66 to direct the Tribunal to refer the very same question to this Court. After hearing both the counsel for the assessee as…

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