TMI Blog1936 (2) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... t the question is altogether one of fact and that a lease deed stipulating an annual rental value, though one piece of evidence is not conclusive evidence of the bona fide annual value of the property and that in determining that value of the property all the circumstances of the case must be considered. Mr. Banerji who appears in support of this Rule admits that that contention is right. The second question submitted is whether or not there was a succession within the meaning of section 26(2) of the Act to the Jute Mill of the assessees which was sold without transferring the account books, debts and outstanding etc. The Income Tax Commissioner has set out the facts relating to the transfer of building machinery, stocks and stores and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch he is served with notice of an order under section 31 or section 32 or of an order under section 33 enhancing an assessment or otherwise prejudicial to him or of a decision by a Board of Referees under section 33-A the assessee in respect of whom the order or decision was passed may, by application accompanied by a fee of one hundred rupees or such lesser sum as may be prescribed, require the Commissioner to refer to the High Court any question of law arising out of such order or decision, and the Commissioner shall, within sixty days of the receipt of such application, draw up a statement of the case and refer with his own opinion thereon to the High Court. Provided that a reference shall lie from an order under section 33 only on a que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y prays that the following points of law which arise out of the assessment proceedings to the assessee named above, may kindly be referred to the High Court of Judicature at Calcutta, under section 66(2) of the Indian Income-tax Act, XI of 1922, for determination with reference to the facts and circumstances of the case referred to above. (1) Whether a lease deed stipulating an annual rental value of a house property is not a conclusive evidence to prove the bona fide annual value as contemplated by section 9(1) of the Income Tax Act ? (2) Whether the Income Tax Officer was right in assessing to income-tax the same income under section 9 twice, viz., once in the hands of the lessor and for the second time in the hands of the lessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
