P S RAVEENDRANATH Vs. STATE OF KERALA

JUDGEMENT

(1.) IN as many as three tax revision cases (T. R. C. Nos. 50, 62 and 65 (Reported as Southern Metal Rolling Mills (P) Ltd. v. State of Kerala [1997] 104 STC 566 (Ker)) of 1994) decided on September. 27, 1996, we have, in detail, considered to bear in mind the distinction between what is generally known as a question of fact as against what could he understood as a question of law, relying on the decision, of the apex Court in Sree Meenakshi Mills Ltd. v. Commissioner of INcome-tax [1957] 31 ITR 28 illustratively, precisely quoting the settled fourfold aspects of the question therein.

(2.) THIS was in the context of the situation that accepting the entire factual matrix without adding or subtracting anything therefrom revealing the situation that from first step of rejection of accounts consequently leading to the situation to resort to estimation is wholly unjustifiable, the result would be the ultimate inevitable reflection in regard thereto.

(3.) IN this situation, we have to examine the admitted and undisturbed factual matrix in the proceedings before us and the consequent resort to rejection of accounts by the authorities below.