RATANCHAND LALLUMAL Vs. STATE OF U P

JUDGEMENT

(1.) -

(2.) BY an order dated February 16, 1934, passed by a bench of this Court the Commissioner of Income Tax was directed under the provision of section 66 (3) of the Indian Income Tax Act to state a case on certain questions, the Commissioner having refused to state the same on the application of the assessee under Section 66 (1). The questions formulated by this Court are :-

(3.) THE first payment for the purpose of this case was made in November 1923 and the sum so paid was Rs. 10,000. In the assessment year for 1925-26 when this payment along with certain other payments made in the previous year 1923-24 ought to have been taken into consideration, the assessee did not show them in his return nor did the department assess any tax on those payments. It is, however, quite clear that as much as Rs. 44,611-9-9 was received by the assessee. THE appellate order of the Assistant Commissioner dated March 28, 1933 shows that in the books of the assessee the entries are :- <FRM>JUDGEMENT_189_ITR4_1936Html1.htm</FRM>