Income Tax Appellate Tribunal - Nagpur
Eknath Belappa Lingayat Wani vs Commissioner Of Income-Tax. on 16 October, 1940
Equivalent citations: [1942]10ITR110(NAG)
ORDER
.
This is an application under Section 66 (3) of the Indian Income-tax Act. The Commissioner has refused to stated a case on the ground that no question of law arises. We have read his very careful order and we do not think any purpose would be served by recapitulating what he has said. We agree with his conclusions and with his reason. This is not a case like Raghunath v. Commissioner of Income-tax1. Here the Income-tax Officer has properly proceeded under Section 13. See Income-tax Commissioner v. Achrulal Munnalal2 and Income-tax Commissioner, Bombay v. Saranpur Mills3. His computation can be scrutinized : Commissioner of Income-tax, Bihar and Orissa v. Maharajadhiraj of Darbhanga4. It has been scrutinized. If a money-lender leaves out all his past transactions one should on computing the income take into account those transactions. That is what has been done here. See Commissioner of Income-tax v. Badridas5. There was no arbitrary action so as to infringe the rule laid down in IN the matter of Radhey Lal Balmukand6. If the Material supplied is unreliable some mode of assessment must be followed.
It follows that no question of law arising, this application fails and is dismissed with costs which we fix at Rs. 100.
Application dismissed.