Law: Income Tax Act, 1922

Section: 13,13(3)

(a) Income tax Act (XI of 1922)--S. 13, proviso & S. 13 (3) Power of Income tax Officer Income tax Officer, held, has power to reject unreliable or incomplete account books either under proviso to S. 13 or S: 13 (3) of Act. (b) Income tax Act (XI of 1922) S. 13 Exercise of discretion Court, held, can net replace its own discretion for discretion already exercised by a competent tribunal. Ganga Ram Balmokand v. Commissioner of Income tax, Punjab L L T. 19 Lah. 10; Gurrukh Singh v. Commr. of Income tax, Lahore A I R 1944 Lah. 353 and Chakeswarl Cotton Mills Ltd. v. Commissioner of Income tax, West Bengal (1954) 26 I T 775 ref. JUDGMENT MUHAMMAD AKRAM, J. This will dispose of the above eight reference applications directly made in the High Court by the petitioner assessee under section 66 (1) of the Income tax Act, 1922 (as amended) relating to the assessment years 1960 61 to 1967 68. 2. The assessee Messrs Nazir & Company, Lyallpur is a registered firm and was working as a sub contractor to certain other firms. The assessment of the firm for the years 1960 61 to 1965 66 as originally made was set aside and the case remanded for a de novo assessment. In these circumstances on the 4th June, 1971 the Income tax Officer, Circle, Lyallpur, completed the re assessment against the petitioner separately for the years 1960 61 to 1965 66 and also made separate assessments for the two ensuing assessment years 1966 67 and 1967 68. Dissatisfied with these orders the assessee filed separate appeals against them. They were disposed of by the Income tax Appellate Tribunal (Pakistan), Lahore by a single order dated the 17th of July, 1972, wherein the case of the assessee for each respective assessment year was examined and discussed. 3. In these circumstances the assessee filed the above reference applications in this Court against the Tribunal's order alleging that the following common questions of law have arisen out of the order passed by the Income tax Appellate Tribunal : (1) Whether on the facts and in the circumstances of the case Appellate Tribunal was right in confirming the rejection of accounts ? (2) Whether the basis for the addition made by the Income tax…

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