1977 (10) TMI 25

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..... the Income-tax Appellate Tribunal be asked to state the case to this hon'ble court in respect of the following questions : " 1. Whether, in the facts and circumstances of the case, the Tribunal was right in refusing to adjourn the appeal and proceeding to decide the matter ex parte on merits ? 2. Whether the order of the Tribunal is not vitiated being contrary to the evidence on the record .....

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..... there was no material on the basis of which it could have determined the profits by applying the rate at 10 to 12 1/2 per cent. So far as the first question is concerned, it relates to the exercise of discretion by the Tribunal. The assessee made an application for setting aside the ex parte order passed by the Tribunal, which application too was dismissed. This shows that the Tribunal was not .....

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