COMMISSIONER OF INCOME TAX Vs. RAJAKRISHNAN B A

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal has referred the following question :

(2.) WHERE a perusal of the question would show that the question as framed involves actually two questions, one with regard to the exercise of jurisdiction by the Commissioner under Section 263 of the Income-tax Act, 1961, the other question as to whether the Tribunal is right in holding that the disallowance under Section 37(3A) should be made for each of the businesses carried on, although tagged along with it is a separate question by itself. Obviously an answer to the exercise of jurisdiction under Section 263 of the Act by the Commissioner would only make it necessary, if it'is in the negative, to proceed with consideration of the other question.

(3.) THERE is no dispute that the assessee was carrying on business in the name and style of Radhas Perfumery Enterprises and simultaneously was also running a weekly called Kerala Sabdam. He was also earning income from other sources.