TMI Blog1970 (2) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... ed a loss u/s 10(2)(vii) - memorandum register was produced which showed the relevant entry regarding the purchase and sale of vehicles wherein the loss had been calculated and written off within the meaning of section 10(2)(vii) - revenue's application for issue of mandamus is dismissed - - - - - Dated:- 2-2-1970 - Judge(s) : S. S. SANDHAWALIA., D. K. MAHAJAN. JUDGMENT D. K. MAHAJAN J.-Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ividual, carried on contract business for the supply of ballast. He employed his own trucks for the purpose of the contract business. No accounts of his business were produced by him. His income from such business was assessed by applying a rate on the receipts and depreciation on the trucks. In the assessment year 1960-61, the assessee claimed a loss of Rs. 50,679 under section 10(2)(vii) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istant Commissioner enhanced the amount of income by the figure of the loss claimed, by his order dated the 15th of March, 1963. The assessee then appealed to the Tribunal and the Tribunal reversed the decision of the Appellate Assistant Commissioner and agreed with the Income-tax Officer in allowing the amount of Rs. 50,679 as loss. The contention before the Tribunal by the revenue was that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner of Income-tax, and Commissioner of Income-tax v. London Hotel, we decline the prayer for mandamus. Normally speaking, if a matter is settled by a High Court in this country, that should be enough for the purposes of the revenue, unless this court comes to a conclusion that that decision is patently erroneous. This avoids multiplicity of decisions on the same question and is really a commenda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case, the memorandum register was produced which showed the relevant entry regarding the purchase and sale of vehicles wherein the loss had been calculated and written off within the meaning of section 10(2)(vii). The decision of the Madras High Court is fully applicable to the facts of the present case. In this view of the matter, we see no reason to grant the application for mandamus. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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