SOBHAGMAL LODHA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE following four question have been referred by the Income-tax Appellate Tribunal for our opinion in compliance with the order of this account made under section 66(2) of the Income-tax Act :

(2.) THE case relates to the assessment year 1945-46, for which the accounting period was the Diwali year, from 22nd October, 1943, to 16th October, 1944. A reference was also made by the Income-tax Appellate Tribunal in respect of the earlier assessment year 1944-45 in respect of the same assessee, and in that reference also four questions were referred for our opinion. THE first three questions in the present reference are identical with the questions raised in that earlier reference relating to the assessment year 1944-45 and the facts which have to be taken into account for answering those three questions are also identical. THE answer given by us in the reference relating to 1944-45 governs these three questions in this reference also. That reference was answered by us in the case registered as Income-tax Reference No. 441 of 1962, decided by us on 17th May, 1966. In accordance with our opinion given in that case all these three questions are answered against the assessee in the same words in which we have answered the first three questions in the reference referred to above.

(3.) BEFORE we go in with further facts, we may mention that learned counsel drew our attention to some documentary evidence, which forms part of the statement of the case, to show that the amount of the cheque actually received was Rs. 2,04,277-8-6 and not Rs. 2,19,150. However, that is a point which we ignore because we have to answer the question on the basis of the facts as found by the Income-tax Appellate Tribunal in the appellate order and as stated in the statement of the case, and in both these documents it is mentioned as Rs. 2,19,150. If there is any clerical error in these two orders in respect of that amount, the remedy of the assessee is to apply to the Income-tax Appellate Tribunal for rectification of that order. Our answer will remain the same whether the amount be Rs. 2,19,150 as mentioned in the question or whether it be the smaller amount of Rs. 2,04,277-8-6 which is the correct amount according to the learned counsel for the assessee.