2006 (4) TMI 519 - HC - Income Tax

Court upholds Assessing Officer's actions under section 145(1) proviso for non-maintenance of registers in Rice Bran Oil unit.

The Court upheld the Assessing Officer's actions under the proviso to section 145(1) for non-maintenance of registers in a Rice Bran Oil extraction unit. ... - Issues:1. Applicability of proviso to section 145 for non-maintenance of registers in a Rice Bran Oil extraction unit.2. Justification of upholding the action of Assessing Officer based on previous assessment years.3. Application of proviso to section 145(1) for computing business profits.4. Addition of amounts in Rice Bran Oil and De-Oiled Cake accounts.Analysis:Issue 1:The petitioner questioned the justification of upholding the action of the Assessing Officer under the proviso to section 145 for not maintaining registers in a Rice Bran Oil extraction unit. The Tribunal's findings indicated that the books' results were not acceptable to the Revenue Department, leading to the addition of amounts in the accounts. The Court held that the invocation of the proviso to section 145(1) was not unjustified based on the established facts.Issue 2:Regarding the addition of specific amounts in the Rice Bran Oil and De-Oiled Cake accounts, the appellant's counsel requested a reappraisal of evidence. However, the Court noted that this request did not constitute a substantial question of law as per precedents, resulting in the dismissal of the appeal.Conclusion:The Court's judgment upheld the Assessing Officer's actions under the proviso to section 145(1) for non-acceptable book results in the Rice Bran Oil extraction unit. Additionally, the dismissal of the appeal based on the lack of substantial legal questions regarding the specific additions in the accounts signifies the final decision in this case.