1970 (2) TMI 8

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....nd Himachal Pradesh at Patiala, has moved this court under section 66(2) of the Indian Income-tax Act, 1922, asking us to issue a mandamus to the Tribunal concerned to refer the following two questions of law for our opinion : "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in entertaining the so-called memorandum book which was never admitted....

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.... his order dated the 12th of July, 1961. The assessee appealed against the order of the Income-tax Officer on certain other matters. During the course of the hearing, the Appellate Assistant Commissioner noticed that loss of Rs. 50,679 arising in the sale of trucks had been wrongly allowed. He took the view that the assessee had not maintained account books and so the condition for allowing the lo....

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....ok within the meaning of section 10(2)(vii). This contention was negatived by the Tribunal. The revenue then moved the Tribunal for reference of the questions already referred to above. This application was rejected by the Tribunal by its order dated the 4th of December, 1964, with the observations that, " on the facts of this case, it could not be stated that the Tribunal was not legally justifie....

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....w adopted by the Madras High Court. The revenue has so far taken no steps to assail its correctness by taking the matter to the Supreme Court. That view appeals to common sense and reason. This is what the learned judges said while dealing with section 10(2)(vii) of the Act : " The expression 'books of the assessee' in the context in which it appears in section 10(2)(viii) cannot give any indic....