1951 (8) TMI 19

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..... "Whether there was any material or evidence to discard the book version of profit in the circumstances of this case and to justify the application of the provisions of the proviso to Section 13 of the Income-tax Act?" The question as framed shows that the applicant's contention is that there is no "evidence" or "material" to justify the application of the proviso to Section 13 of the Act. In other words, his contention is that the assessee is entitled to follow his own system of accounting and the proviso would apply (a) if no method of accounting is regularly employed or (b) if the method employed is such that profits and gains cannot properly be deduced therefrom. The contention of the assessee is that .....

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..... ision. Ordinarily, if there is any "material", that is to say, good ground for such action, the application of the proviso cannot be questioned. Further, the superior officers and the Appellate Tribunal at the end would be the venue for the correction of any capricious action. Once that stage has passed, this Court, which is not an appellate Court, cannot correct the error unless some question of law is therein involved. In the present case the Income-tax Officer in dealing with the matter observed as follows:- "The account is stated to be maintained quantitatively, and regarding stocks a register is maintained. But it is not a regular register recording everyday stocks after deduction of the day's sales. It contains f .....

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..... ppellate Court, can substitute its own judgment for that of the Appellate Tribunal. In our judgment no question of law arises at all. The sufficiency of the accounts for this purpose is left by the proviso to the judgment of the officer, subject to appeals such as lie. The assessee has failed to satisfy the appellate authorities, and this Court must, therefore, accept the decision rendered. As we have pointed out, there is foundation for the application of the proviso. Whether or not profits or loss could, in the books as they stand, have been calculated is not for this Court to decide. The officer concerned has expressed his inability and the appellate authorities have concerned with him. This concludes the matter, and no question of law .....

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