COMMISSIONER OF INCOME TAX Vs. K GEORGE THOMAS

JUDGEMENT

(1.) IT appears that learned counsel has filed a memo stating that the assessee, Dr. K. George Thomas, expired leaving behind him a will appointing Mr. M. P. Govindati Nair, advocate, as executor, thereunder with a consequential request that the said executor be brought on record. We have already heard Shri P. Balachandran, learned advocate, not only in these references but also in regard to the necessity of amendment of the record for the purposes of these proceedings by showing the name of Shri M. P. Govindan Nair, advocate, as the executor of the will. Since we are not disturbing the order of the Tribunal and in view of the position that the appearance of Shri P. Balachandran continues for the purpose of amendment of record, the record be amended accordingly by showing Shri M. P. Govindan Nair, advocate, as the executor of the will of the deceased, Dr. K. George Thomas, the assessee. IT is made clear that this is for the purposes of these reference proceedings in regard to which what is required is consequential amendment of the record. We grant the same memo in all these references and proceed to decide them. The following three questions expect our answer :

(2.) WHETHER, on the facts and in the circumstances of the case, the Tribunal was justified in coming to the conclusion that no materials have been brought out for the assessment years to show that the amounts have been utilised for the business activities of the assessee ?