MIZAR KRISHNA ANNA PPA PAI & Co. vs COMMISSIONER OF INCOME-TAX, — 1971 PTD 257

Citation: 1971 PTD 257

Court: Mysore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MIZAR KRISHNA ANNA PPA PAI & Co. vs COMMISSIONER OF INCOME-TAX, JUDGMENT

Headnotes

Case cited as 1971 PTD 257

Judgment Text

Court Name: Mysore High Court Judge(s): K. S. Hedge, K. Bhimiah Title:MIZAR KRISHNA ANNA PPA PAI & Co. vs COMMISSIONER OF INCOME-TAX, JUDGMENT Reported As: 1971 PTD 257 Result: N/A Judgment JUDGMENT K. S. HEGDE, J.-This is a reference under section 66(2) of the Indian Income-tax Act, 1922. The question of law referred for the opinion of this Court is: "Whether there was material for the Tribunal to apply the proviso to section 13 and to add the sum of Rs. 1,07,000 as income in the manner it has done?" The facts of the case are set out in the statement of the case. The Income-tax Officer as well as the Appellate Assistant Com--missioner had rejected the books maintained by the assessee. They have given some reasons for not relying on the account books maintained by the assessee. In his appeal before the Income-tax Appellate Tribunal, the assessee challenged the finding given by the Income-tax Officer as also the Appellate Assistant Commissioner to the effect that there are grounds for rejecting the accounts maintained by the assessee. The Tribunal being a final fact- finding body was required to consider whether the Income-tax Officer and the Appellate Assistant Commissioner were right in rejecting the book results and in proceeding to assess the assessee on the basis of the proviso to section 13 of the Indian Income-tax Act. Though this question was specifically posed before the Tribunal, as is admitted by it in paragraph 18 of the statement of case, yet, the Tribunal did…

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