MESSRS SULTAN TEXTILE MILLS LTD. vs COMMISSIONER OF INCOME-TAX — 1967 PTD 236

Citation: 1967 PTD 236

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MESSRS SULTAN TEXTILE MILLS LTD. vs COMMISSIONER OF INCOME-TAX JUDGMENT

Headnotes

Case cited as 1967 PTD 236

Judgment Text

Court Name: Lahore High Court Judge(s): Aslam Riaz Hussain, Qadeeruddin Ahmed Title:MESSRS SULTAN TEXTILE MILLS LTD. vs COMMISSIONER OF INCOME-TAX JUDGMENT Reported As: PLD 1971 Lahore 14 Result: Application dismissed Judgment JUDGMENT QADEERUDDIN AHMED, C. J.--This is an application under subsection (2) of section 66 of the Income-tax Act, 1922 to obtain a direction of this Court to the Income-tax Appellate Tribunal that it should refer the following two questions : (1)Whether in the circumstances of the case, there was any material to hold that the production, as shown, was low; and whether any addition in this account was justified? (2)Whether there was any material on record to hold that the sale rates of yarn and cloth as disclosed were incorrect? The Income-tax Appellate Tribunal has declined to refer the above questions to this Court on the ground that they are questions of fact and not of law. 2. The facts which form the background of this application are that the applicant is a manufacturer of yarn and cloth and formerly used to be assesed to tax mostly with reference to the production of yarn. But during the relevant assessment year it has manufactured cloth and yarn during the entire period. The assessm ent year to which the present application relates is 1957-58. The applicant submitted its income-tax returns showing a net loss of Rs, 2,06,172 but the Account Books of the applicant were not accepted in terms of the first proviso to section 13 of the Income-tax…

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