Law: Income Tax Act, 1922

Section: 66(1)

Law: Income Tax Rules, 1922

Section: 46

Income-tax Act (XI of 1922)---S. 66(1) and Income-tax Rules, 1922, r. 46-Self-assessment scheme, ­Income-tax Officer rejecting return of assessee under self-assessment scheme on ground that assessee had not maintained any books of account-Held, income-tax return filed fulfilling all requirements of scheme, Income-tax Officer could not reject same and to proceed to decide in accordance with normal procedure prescribed under Act unless return not disclosing correct income. Commissioner or Income-tax- v, Khushi Muhammad I. T. R. No. 314 of 1972 eel. JUDGMENT SAEBDUZZAMAN SIDDIQUI, J.-The following questions have been referred to us for decision by the Department under section 66(1) of the Income-tax Act, 1922 :- "(1) Whether on the facts and in the circumstances of the case the Income-tax Appellate Tribunal was justified in directing the I. T. O. to accept the return of income filed under self-assessment scheme when the said scheme is no bar for the I. T. O. to proceed under normal law and this discretion is vested in the I. T. O. by rule 16 of the Income-tax rules regarding self-assessment procedure. (2) Whether on the facts and in the circumstances of the case the Income-tax Appellate Tribunal was justified in directing the Income-tax Officer to accept the return of income Sled under self-assessment scheme when no books of accounts are maintained by the "assessee and there was no compliance of the rule 46 of the Income-tax Rules, which requires that a statement of account should accompany the return of Income." 2. The return of the assesses/respondent was rejected…

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