RAJASTHAN TEXTILE INDUSTRIES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) ALL these five reference applications have been filed under Section 256(2) of the Income-tax Act, 1961. They relate to the assessment years 1967-68, 1968-69, 1969-70, 1970-71 and 1971-72. As a similar question is involved in all these reference applications, they are being disposed of by this common order.

(2.) ON August 23, 1985, the petitioner was directed by this court to file certified copies of the orders of the Income-tax Officer and the Appellate Assistant Commissioner of Income-tax. No such copies have been filed and none is present on behalf of the assessee-applicant.

(3.) WHETHER the Tribunal was justified in confirming the disallowance of gross commission payment when the Revenue itself has accepted in appeals filed in the case of Ratan Devi before the Tribunal that only net income could be added. It should have directed the Income-tax Officer to determine the net income and then add it ?