RAMDAYAL GASHIRAM Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a petition filed by M/s Ramdayal Ghasiram, Merchants, Hyderabad (Dn.) under S. 82(2) of the Hyderabad IT Act r/w S. 66(2), Indian IT Act, Praying that this Court may be pleased to require the Tribunal, Madras "A" Bench, to state a case and refer the same to this Court regarding some points of law which are alleged to arise as follows :

(2.) THE relevant facts of the case are as follows : The petitioner is an HUF carrying on business at Hyderabad with several branches. The business within the State consists of purchase and sale of grains, oil seeds, banking business and business in shares. The petitioner carries on business at Bombay under different names. Besides, the petitioner derives income from interest on securities, house property and partnership concerns within the State. The ITO, Hyderabad Circle, "C" Ward, passed an order dt. 30th Sept., 1952, assessing the petitioner to tax. The petitioner filed an appeal before the AAC, Hyderabad, objecting to the assessment. The AAC passed an order on 16th Aug., 1954, confirming the order of the ITO regarding the points which are now concerned in the present petition, (a) regarding bad debts to the extent of Rs. 35,854, (b) regarding the addition of Rs. 81,484 treated as income remitted from Bombay. Against the order of the AAC, the petitioner filed an appeal before the Tribunal, Madras Bench "B", at Hyderabad.

(3.) THE petitioner filed a petition before the Tribunal under S. 82(1) of the Hyderabad IT Act, corresponding to S. 66(1) of the Indian IT Act, requesting the Tribunal to refer certain questions of law arising out of its order dt. 11th Feb., 1955. The Tribunal rejected the petitioner's application setting forth the grounds for the rejection. Consequently, the petitioner filed this petition in this Court.