TMI Blog1967 (5) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... former Travancore State. In proceedings for assessment to income-tax for the years 1946-47 and 1947-48 and for excess profits tax for the accounting periods August 17, 1944, to August 16, 1945, and August 17, 1945 to March 31, 1946, the assessing officer rejected the books 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bserved that it would be open to the Tribunal to consider that contention in deciding what should be the ultimate estimate of additions to be made to the disclosed income of the assessees in the relevant years. The High Court answered the question referred in favour of the 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. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal rejected the applications observing that the finding of the Tribunal was given on the directions of the High Court, and it was a finding on a question of fact and gave rise to no questions of law. Petitions under section 66(2) of the Income-tax Act by the Commissioner 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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