Law: Income Tax Act, 1922

Section: 33,33(2),23(3)

(a) Income-tax Act (XI of 1922)---S. 33(2)-Appeal-Limitation--Date of communication of order of Appellate Assistant Commissioner to Commissioner of Income-tax--Relevant for purposes of determining limitation-Impugned order of Appellate Assistant Commissioner served on Income-tax Officer on 29-8-1978, Commissioner of Income-tax receiving same on 14-9-1978, and appeal filed on 15-11-1978--Appeal, held, within time. Per Mian Abdul Khaliq, Member (M. Mazhar Ali, President, agreeing with result, M. Karim, Member (contra)-- (b) Income-tax Act (XI of 1922)-- ----S. 23(3)---Explanation for non-disclosure of income-Mere admission of Clearing Agent as to exportation of some goods in his individual capacity in assessee's name-Does not absolve assessee from responsibility of exports made in assessee's name---Exports being made after undergoing various formalities in form of registra­tion of firm, opening of letter of credit and issuance of export permit etc. and Clearing Agent having failed to furnish information regarding parties whose goods he exported and Clearing Agent also' being a nearest relative of partners of assessee-firm, arrangement, held, collusive, export made in name of assessee-firm and income therefrom rightly taxed by Assessing Officer at assessee's hands. Per Muhammad Mazhar Ali, President (agreeing with Mian Abdul Khaliq Member but for different reasons)---- (c) Income-tax Act (XI of 1922)---- --- S. 23(3) read with Contract Act (1X of 1872), Ss. 211 & 216---Goods having been exported in flame of assesses--firm by its only authorised agent, assessee as principal not alleged to have revoked authority of agent, having acted not according to directions of his principal, agent bound to make good loss sustained by principal on account of his unauthorised act - Principal, however, held, cannot escape its responsibility for payment of tax on profits, if any, earned on transactions by its agent and within its right to recover losses sustained by it from agent. It was candidly admitted that the assessee-respondent is a duly registered exporter and that Mr. J . . . . of `J. . . . . Custom9 Agency' was the duly authorised agent. It is also proved on record…

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