LAWS(KER)-1971-3-24

DURAI RAJ M Vs. COMMISSIONER OF INCOME TAX

Decided On March 06, 1971
M. DURAI RAJ Appellant
V/S
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

(1.) THIS is a reference by the Income-tax Appellate Tribunal, Cochin Bench, under Section 256(2) of the Income-tax Act, 1961, as directed by this court at the instance of the assessee. The questions referred are :

(2.) WHETHER the Tribunal was right in holding that the mahimai collections which were utilised for the purpose of charity represented the trading profit of the applicant?"

(3.) THE assessee then filed an appeal before the Income-tax Appellate Tribunal, before whom the assessee made another unsuccessful attempt to tally the stock by weight by filing some statements prepared on the basis of the stock book. THE Appellate Tribunal also concurred with the finding of the Income-tax Officer and dismissed the appeal.