1935 (12) TMI 29

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.... JUDGMENT Beaumont, C.J. In this case the Income Tax Commissioner raised a question which he was directed by this Court to raise under Section 66(3) of the Indian Income Tax Act, the question being "Whether the Income Tax Officer was, under the circumstances of the case, free to adopt the basis and manner of computing the income of the assessee, which he did adopt". The assessee holds a l....

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.... Officer refused to accept that method of accounting, and I am not prepared to say that the Income Tax Officer was not entitled to reject that basis. Having rejected that basis, he, under Section 13 of the Act, adopted his own basis, and he showed in his assessment order the prices at which he charged the liquor. I think he ought to have shown the basis on which he arrived at those prices. On t....

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.... modified the assessment order. He added to the assessee's income shown in her return 10 per cent. on the amount of sale both for deficiency in the selling rate and kasar, and the figure he added came to Rs. 40,172 so that he reduced the figure of Rs. 67,488 (Rs. 24,701 plus Rs. 42,767) added by the Income Tax Officer on account of the two items to Rs. 40,172. He has not shown whether he accep....