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1954 (11) TMI 4 - SC - Income TaxWhether the Income-tax Officer was justified in making an estimate for calculations under rule 2(a) of the Schedule attached to section 10(7) of the Income-tax Act? Held that:- When once it is found that there was no proper determination of the profits as required under rule 2(a)--and that was indeed conceded-and there was no justification for it such as the High Court thought there was, the only order that could properly be made was to remand the case for further enquiry and fresh disposal in accordance with law. That was the order which was passed by the Tribunal, and, that, in our opinion, was right. This appeal will accordingly be allowed, and the second question referred by the Tribunal answered in the negative. The result of this will be that the Income-tax Officer will proceed to enquire into the profits of the appellant company for the years in question in accordance with the requirements of rule 2.
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