Law:

Section:

Section 256, read with section 254 of the Income-tax Act, 1961 [Corresponding to section 66, read with section 33(4) of the Indian Income-tax Act, 1922] - High Court - Reference to - Assessment year 1941-42 - Whether if, an application under section 66(1) of 1922 Act was not well-founded in that there was no order which could properly be said to be an order under sub-section (4) of section 33 of 1922 Act then refusal of Tribunal to state a case on such misconceived application on ground that no question of law arises will not authorise High Court, on an application under sub-section (2) of section 66 of 1922 Act to direct Tribunal to state a case - Held, yes - Whether where there was no appeal under section 33(1) of 1922 Act and order having been made in exercise of its supposed inherent jurisdiction, order could not possibly be regarded as one under section 33(4) of 1922 Act and there being no order under section 33(4) of 1922 Act there could be no reference under section 66(1) or (2) of 1922 Act - Held, yes FACTS The assessee who had his headquarters at Karaikudi in India carried on his money-lending business at branches at Maubin, Kualalumpur and Singapore. For the assessment year 1941-42, the ITO calculated the assessee's accrued foreign income. On the basis of the total foreign income and income from other sources the ITO calculated amount to be due by the assessee on account of income-tax, super tax and surcharges thereon. Against the disallowance of the several items of his claim the assessee filed an appeal and also claimed bad debt. The AAC allowed some of the items but disallowed the items of replantation expenses and bad debt and reduced the assessment including the two items. On appeal, the Tribunal allowed the replantation expenses and bad debts. The ITO accordingly granted deduction on account of replantation expenses and bad debts and calculated sum as remittances out of earlier years' unassessed income and held it to be assessable to tax. On appeal, the AAC was not satisfied that the assessee had any right of appeal under section 30 of 1922 Act for there had been no assessment under section 23 of 1922 Act and no notice of demand had been served…

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