SAFIULLAH Vs. COMMISSIONER OF INCOME TAX, ASSAM

JUDGEMENT

(1.) THIS is a petition under S. 66(2), Income Tax Act. The petitioner, Haji Safiulla, of Tinsukia, has prayed that the Income Tax Appellate Tribunal, Calcutta, be called upon to state case and refer to this Court the following three questions:

(2.) HE also included in the income of the assessee another item of Rs. 1,09,200/ -. The assessee purchased a house at 11, Zakaria Street, Calcutta, during the accounting year for Rs. 1,09,200/ -. On 26 -9 -46, a sum of Rs. 9,200/ - was shown as having been received from Hazi Safiulla for house -purchase. The item was shown on the credit side, but a sum of Rs. 1,09,200/ - was needed. The balance on 26 -9 -46 appeared to be Rs. 1,43,685/11/ -. The Income Tax Officer has found that the figure of '1' towards the left of the balance on 26 -9 -46 was an interpolation made on that date.

(3.) THE assessee had shown his sales at Rs. 2,41,000/ -, Rs. 1,71,000/ - and Rs. 1,15,000/ - for the three years respectively. The income -tax officer's estimate of the sales was Rs. 8,00,000/ -, Rs. 6.00,000/ - and Rs. 5,00,000/ - for the three years respectively. The Income Tax Officer applied a flat rate of profit at 121/2 per cent, in the third year. After allowing expenditure, the net income found for the three years, was Rs. 76,000/ -, Rs. 52,000/ - and Rs. 40,000/ - respectively.