Law: Income Tax Act, 1922

Section: 23(3),66(1),66(2),13,10(2)(v)(vi),10,12

Income-tax Act, 1922 -- Sections 13, 23(3), 66(1), 66(2) -- Reference -- Question of law -- Substitution of new question for the original question -- Whether entertainable under Sec. 66(2) -- Held no -- Reference -- Question of law or fact -- Assessment made under Sec. 23(3) -- For defects in accounts assessing officer disallowing losses claimed and applying profit rate on declared receipt -- Tribunal's finding that losses were properly disallowed but profit rate excessive -- Findings based on materials on record -- Whether give rise to question of law -- Held no -- Question originally proposed before Tribunal raising contention that there was no material before Income-tax Officer to disallow losses shown by assessee -- Questions proposed before High Court relating to entire amount of losses and disallowance of certain items -- Application for substitution of new question for original question -- Held, in circumstances, not entertainable under Section 66(2) --Difference between inaptitude of method of accounting and reliability of books of accounts -- Parties relying on first proviso to Section 13 and discussing it but, in fact, accounts of assessee found by Income-tax Officer to be unreliable and Tribunal agreeing with his view -- Tribunal holding that "the increase in the expenses was not so disproportionate as to permit Income-tax Officer to disallow losses" -- Observation of the Tribunal that their decision hardly involved a question of law having reference to facts found in account books which were neither rejected nor held to be reliable -- Observation of Tribunal that no question of law involved, in circumstances of case -- Held, correct -- JUDGMENT The judgment of the court was delivered by QADEERUDDIN AHMED I..--These four applications have been made with respect to one order of the Income-tax Appellate Tribunal dated the 18th of August, 1965, by which the Tribunal has declined to refer to this Court the question which was proposed by the assessee as well as the question which was proposed by the Department. 2. The facts which form the background, according to Mr. P.D. Ramchandani, are that the assessee is a firm of stevedores which in the course of…

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