1966 (2) TMI 17 - HC - Income Tax

High Court upholds Income-tax Officer's proviso application in profit estimation case under Income-tax Act, 1922

The High Court of Calcutta upheld the Income-tax Officer's application of the proviso to section 13 of the Income-tax Act, 1922, in an engineering ... Was the Tribunal justified in coming to the conclusion that, upon the facts admitted or found before them, the Income-tax Officer was entitled to proceed under the proviso to section 13 as regards the assessment of the engineering department of the assessee for the relevant ' assessment year ' - Held, yes - ITO was justified in applying the proviso to s. 13 and making an estimate of profits The High Court of Calcutta addressed a question regarding the Income-tax Officer's application of the proviso to section 13 of the Income-tax Act, 1922, in a case involving the assessment of an engineering department. The Income-tax Officer estimated gross profits at 10% of sales, resulting in an addition to book profits. The Tribunal later reduced the addition. The Court found that the method of accounting used by the assessee made it impossible to deduce profits accurately, justifying the Income-tax Officer's determination of profits. The question was answered in the affirmative.