TaxTMI 
TaxTMI 
1930 (4) TMI 9
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....hether on the facts found in this case it is open to the Income Tax authorities to require the petitioner who is assessed under Section 23(4) to produce all the original accounts of the firm carrying on business outside British India. 2. The facts of the case are that the assessee who resides in British India carries on business in Penang in partnership with another who is in Penang and that in....
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....harer, it does not seem to us to be at all likely that the one-fifth sharer would have refused to produce the Penang account books if his partner had so requested. The whole story sounds a most improbable one and we think that the Commissioner of Income Tax has taken up the correct position in disbelieving the story. 3. The question to be considered here is first of all, whether, when a foreign....
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....ang to British India came out of capital or whether they came out of profits made in the Penang business. If they were profits of an amount sufficient to enable the remittances to be made to British India, then the inference is that the remittances came out of profits so the first thing the Income Tax Officer had to consider was whether any profits, and if so to what amount, had been made in Penan....
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....e an Income Tax Officer calls upon an assessee to produce account-books which ordinarily would be in his possession and control, then the assessee has got to show that he is incapable of producing them Of course, if the Income Tax Officer calls upon an assessee to produce account books which would not ordinarily be in his possession and control, then the onus would lie upon the Income Tax Officer ....