1967 (9) TMI 25

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..... accounting period the Malayalam year 1137 M. E. The question referred is : " Whether, on the facts and in the circumstances of the case, there was non-compliance of the provisions of section 142(3) and, if so, whether the assessment order passed under section 143(3) was vitiated ? " Section 142 of the Income-tax Act, 1961, deals with enquiries before assessments. Sub-section (2) of that section .....

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..... Act contained no express provision in that behalf. It formed the foundation for the decision of the Supreme Court in Dhakeswari Cotton Mills Ltd. v. Commissioner of Income-tax and of this court in Swamy Bros. v. Commissioner of Income-tax. There is no doubt that the Income-tax Officer in fixing the gross profit on rice at 2.5% and on provisions at 5%, as far as the head office of the assessee was .....

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..... sment relating to the head office of the assessee is concerned. We do so ; but in the circumstances of the case without any order as to costs. The controversy before us was only as regards the head office of the assessee. A copy of this judgment under the seal of the High Court and the signature of the Registrar will be sent to the Appellate Tribunal as required by sub-section (1) of section 260 .....

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