Law: Income Tax Act, 1922

Section: 33

(a) Income tax Act (XI of 1922)---S. 33 Question of law or fact Determination Income tax Appellate Tribunal on appreciation of facts and past history of assessee upholding rejection of account books of assessee by department but reducing Amount of additions made by I. T. O. for cogent reasons and not by interpreting arty provision of law Tribunal, held, was justified in declining to refer question to High Court, as no question of law arose in circumstances. (b) Income tax Act (XI of 1922) S. 33 Satisfaction of Income tax Appellate Tribunal Tribunal after rejecting books result reducing assessment on being satisfied on basis of past history of assessee Department did not show that satisfaction of Tribunal was not based on objective consideration or order of tribunal was based on irrelevant or extraneous considera¬tions. held, after rejecting books result and in absence of other evidence it was open to Tribunal to take into account previous assess¬ment order or past history of assessee Where no better evidence was available, order on basis of past assessments could be passed by Tribunal. Gopinath Naik v. Commissioner of Income tax, United Provinces (1936) 4 I T R I ; Ganga Ram Balamokand v. Commissioner of Income tax, Punjab (1937) 5 I T R 464 ; The Commissioner of Income tax (Investigation) v. Messrs Jan Muhammad & Bros. 1982 P T D 287; Commissioner of Income tax v. Messrs Pakistan Refrigeration Ltd., Peshawar P L D 1966 Lab. 513 ; Commissioner of Income tax, Rawalpindi v. Messrs Zamindara Flour Mills, Lyallpur 1970 S C M R 530 ; The Commissioner of Income tax, A Range, Chittagong v. Harendra Kumar Sil 193 P C D 87 and Miss Assia v. Income tax Appellate Tribunal etc. P I D 1979 S C 949 quoted. JUDGMENT NAIMUDDTN, J.-- By this application under section 66(2) of the Income-tax Act, 1922, the following question said to be a question of law arising out of the order, dated 31 5 1974, passed by Income tax Appellate Tribunal has been referred for answer: "Whether on the facts and in the circumstances of the case, the Income tax Appellate Tribunal was justified in reducing the disallowance of loss to the extent of Rs. 50,000 while holding that the accounts were…

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