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1963 (11) TMI 4 - SC - Income TaxWhether the business called " Castle " at Bombay was a branch of the assessee? Held that:- Non-inclusion of the income of " Castle " in the assessment of the assessee may have been a relevant circumstance, but its effect had to be considered in the light of other circumstances on which the Appellate Assistant Commissioner had relied. Moreover, reliance placed by the Tribunal upon the single circumstance on which its decision was founded had proceeded on an assumption that in the previous year to the year of assessment 1951-52, " Castle " had carried on business and had earned income. The observations made by the Appellate Assistant Commissioner about " Castle " being separately assessed at Bombay in the status of a registered firm apparently refer to assessment of that business in subsequent years and not in the year of assessment 1951-52. The conclusion of the Tribunal, therefore, suffers from a double infirmity : it assumes the only fact on which its conclusion is founded and ignores other relevant matters on which the Appellate Assistant Commissioner relied in support of his conclusion. The Tribunal has therefore misdirected itself in law in arriving at its finding, and in refusing to require the Tribunal to state the case and to refer it, the High Court was, in our view, in error. Appeal allowed.
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