KUNHALI HAJI N Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This is a reference by the Income Tax Appellate Tribunal, Madras Bench under S.66(1) of the Indian Income Tax Act, 1922. The question referred is this:

(2.) For the year of assessment 1952-53, in assessing the petitioner the question arose as to whether the income, profits or gains can be ascertained from the accounts maintained by him and whether any additions should be made to the income returned by the assessee. Dealing with this question the Income Tax Appellate Tribunal as is seen from their order which is Annexure A to the case came to the conclusion that there is no reason for rejecting the accounts and for applying the proviso to S.13. They however expressed the view that certain additions will have to be made on what they termed "to be specific discrepancies" and observed:

(3.) In Para.4 of the statement of the case the discrepancies referred to by the Tribunal in their order Annexure A has been stated thus:-