CHOWKCHAND BALABUX Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference invited under section 66 (2) of the Indian Income-tax Act, and a statement of the case has been made in accordance with the order of this court. The points under reference are as follows :

(2.) THE facts shortly put are that the assessee was a Hindu undivided family and Sri Balabux More was the karta at the material period. THE family carried on business in jute, mustard goods, grocery, cloth etc., at Kaibargaon in the district of Nowgong, with branches at 0several places, including Juria and Calcutta. In course of examination of account books of the Juria branch, the Income-tax Officer, Nowgong, discovered cash deposits in the names of several persons totalling a sum or Rs. 85,050 as detailed below :

(3.) MR. P. Chaudhuri appearing on behalf of the Department has contended that the point under reference do not strictly arise from the order of the Appellate Tribunal, that being a condition precedent under section 66 (1) of the Income-tax Act. For our purpose, we need not answer that point categorically, the reference being already made under the directions of this court. I, therefore, propose to go straight into the points as raised and answer them.