9911796707
TMI Blog1970 (11) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... 's business ? " The material facts are: The petitioner, who, is carrying on wholesale and retail business in brass-ware and stainless-steel, for the assessment year 1962-63 declared his business income at Rs. 4,866. The accounts were not closed and the stocks at the commencement and closing of the relevant accounting year were not taken. The net profit of Rs. 4,866 was returned by the assessee on the basis of an estimate of gross profit on a turnover of Rs. 96,814 at 10% and after deducting overhead expenses therefrom amounting to Rs. 8,415. In the course of examination of the accounts, the Income-tax Officer found that there were cash credits in the accounts of eleven persons, aggregating to Rs 15,350. The assessee submitted before the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the petitioner, (2) when the income from business having been estimated, taking the above fact into consideration, on a turnover, which was much higher than the book turnover, there was no justification for the addition of the cash credits. After due consideration, the Income-tax Appellate Tribunal upheld the assessment of Rs. 15,350 as the petitioner's undisclosed income from other sources, but at the same time reduced the business income to Rs. 10,000. Aggrieved by the decision of the Tribunal, the assessee filed a reference application under section 256(1) of the Income-tax Act of 1961., requiring the Tribunal to state a case on the question stated above. The Income-tax Appellate Tribunal declined to draw up a statement as it was of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ami Mudaliar's case the question was whether the additions made in the earlier year towards profits were available for being deposited in the year of account as cash credits in the various accounts. In that connection the learned judges of the Madras High Court observed that: " There can be no relaxation from that position and we have no doubt that the department cannot deviate from or wriggle out of it without departing from ordinary standards of justice and fairplay. If in such a case the assessee points to that addition as the source from which he got a particular amount which he is called upon to explain the department is bound to accept it as exceedingly likely and probable, consistent with its previous act in treating the additions a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the names of the parties to whom the sales have been made being not available, it is not known whether those represent sales at all. On the contrary the credits stand as extra amounts received in the books. Admittedly, the books are not closed and a stock inventory is not available. In this state of affairs, it is not possible to accept the assessee's contention that the credits can be regarded as sales on the basis of the fact that the purchases were Rs. 1,27,586 as against which sales of Rs. 96,814 have been only shown. It is even possible that the cash credits represent income of an earlier year or some other income of the current year. " In view of the Tribunal's refusal to accept the contention raised by the assessee, that 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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