1970 (9) TMI 23

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....nce under section 66 of the Indian Income-tax Act, 1922. The assessee is a registered firm. Its main business is of forest contracts. The assessment year was 1957-58; the accounting period was from October 26, 1955, to October 13, 1956. The Income-tax Officer did not accept the return submitted by the assessee. He made an addition of Rs. 1,23,000. This addition included a sum of Rs. 1,00,000 intro....

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....on, and held that the Appellate Assistant Commissioner was not competent to give a finding that the sum of Rs. 1,00,000 was assessable in the year 1956-57. At the instance of the Commissioner of Income-tax, U.P., the Appellate Tribunal, Allahabad, has referred the following question of law to this court: "Whether, on the facts and in the circumstances of the case, the Tribunal correctly held....

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....r under appeal. In the present case the Appellate Assistant Commissioner was dealing with the propriety of the assessment for the assessment year 1957-58. He found that the sum of Rs. 1,00,000 did not relate to that year. That finding was sufficient to dispose of the item of Rs. 1,00,000. He could not record a definite finding that this very item represented income of the assessee from an undis....