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TMI Blog1967 (5) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... of account maintained by the assessees and made several additions to the profits disclosed by them and brought the profits so computed to income-tax and excess profits tax. The orders of the assessing officer were confirmed by the Appellate Assistant Commissioner. The Appellate Tribunal dismissed the appeals against those orders observing that the final computation of the profits made by the Income-tax Officer gave an average rate very much less than Rs. 4,000 per vehicle, and that the final assessments at rates less than the rates " uniformly followed in other bus and lorry cases could not be said to be excessive or unreasonable ". The Tribunal declined to deal with the contentions raised in the appeal about the individual items since in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessees and observed that the " appeals will have to be disposed of afresh and in accordance with the law by the Tribunal ". At the hearing before the Tribunal pursuant to the order of the High Court, counsel for the assessees abandoned the contentions " relating to the amount adjusted in the computation of profits under the heads of operating expenses and additions for low collections and urged that cash credit of Rs. 19,796 for the assessment year 1946-47 and Rs. 32,700 for the assessment year 1947-48 should be deleted. The members of the Tribunal held that they had examined the ledger accounts of the assessees and that the credits remaining outstanding till the end of the previous year relating to the assessment year 1947-48 and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the High Court of Madras were also dismissed. The Commissioner has appealed to this court. In hearing an appeal the Tribunal may give leave to the assessee to urge grounds not set forth in the memorandum of appeal, and in deciding the appeal the Tribunal is not restricted to the grounds set forth in the memorandum of appeal or taken by leave of the Tribunal. The Tribunal was, therefore, competent to allow the assessees to raise the contention relating to the cash credits which was not made the subject-matter of a ground in the memorandum of appeal. It cannot be said that in accepting the contention of the assessees that the cash credits represented income from the business withheld from the books, the Tribunal made out a new case inconsi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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