(1.) THIS order will govern Miscellaneous Civil Cases Nos. 87 an 88 of 1949.
(2.) THESE are two applications under Section 66 (I) of the Indian IT Act praying that the Tribunal should be required to state a case and to refer it to this Court under s. 66 (2) of the IT Act. The question of law which is said to arise in these cases is :
(3.) THE contention of the assessee is that he has followed a regular system and that profits and gains can be deduced from his books. He urges that the application of the proviso to his case was thus arbitrary or, as he puts it, without "any material evidence".