ESTHURI ASWATHIAH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY these applications the assessee requires the Appellate Tribunal to refer three questions of law which are said to arise out of the Tribunal's order in I.T.A. Nos. 7606 and 7607 of 1961-62 dated May 31, 1962 (Jaishta 10, 1884) to the High Court of Mysore at Bangalore. Inasmuch as, in our opinion, questions of law do arise out of the Tribunal's order, we accordingly state an agreed case and refer it to the High Court. As one of the questions is common to both these references a consolidated statement of the case is hereby drawn.

(2.) THE assessee is a Hindu undivided family. It carried on various business, among them was the business of the plying lorries for hire.

(3.) THE Income-tax Officer assessed the sum of Rs. 9,803 representing the difference of the sale proceeds of Rs. 10,000 and Rs. 197 mentioned above as profit under section 10(2)(vii).