Law: Income Tax Act, 1922

Section: 66

[Income Tax Act, 1922 (XI of 1922)].........Section 66-Reference to High Court- Question of law arising out of Tribunal's order-Tribunal examining at great length each and every submission advanced by assessee and basing their conclusion on the material brought an record-Tribunal's finding whether gives rise to question of law-Held no. The petitioner-assessee had filed certain certificates allegedly issued by the producer showing receipts for her performances as an artist in some of the films. Admittedly, she did not produce the certificates in respect of all the films in which she had appeared as an artist nor were they backed by contemporaneous agreements binding on the parties in the matter of due performance of these contracts. In the absence of any independent corroborative evidence produced by the assessee the assessing officer in his own was not fully satisfied with their authenticity. Going by the prevailing practice in the film industry, he observed that a few suppressions had been made in respect of similar other assessees in the comparable income of other equally successful artists. After a scrutiny of her wealth statements and account of expenses the assessing officer exercised his best and enhanced the receipts for the two assessment years as stated above On appeal the Appellate Assistant Commissioner and likewise the Appellate Tribunal had examined at great length each and every submission advanced before them by the assessee and had based their own conclusion on the material brought on the record. in these circumstances, the Appellate Tribunal was justified in holding that their appellate order did not give rise to any question of law worth reference under Section 66(1) of the Act and the order was upheld by the High Court in rejecting the application of the Petitioner moved before it under Section 66(2) of the Act. Case referred to :- Shahid Hameed, Gulberg, Lahore v. Income Tax Officer (1976) 34 Taxation 31 (Lahore). B. Income Tax Act, 1922 (XI of 1922)-Section 66-Reference to High Court-Question of law or fact-Question of reliability of accounts Whether a Question or fact and primarily falls for the determination of the Income Tax…

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