1951 (8) TMI 19

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..... vidence to discard the book version of profit in the circumstances of this case and to justify the application of the provisions of the proviso to Section 13 of the Income-tax Act? The question as framed shows that the applicant's contention is that there is no evidence or material to justify the application of the proviso to Section 13 of the Act. In other words, his contention is that the assessee is entitled to follow his own system of accounting and the proviso would apply (a) if no method of accounting is regularly employed or (b) if the method employed is such that profits and gains cannot properly be deduced therefrom. The contention of the assessee is that he has followed a regular system and that profits and gains ca .....

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..... cation of the proviso cannot be questioned. Further, the superior officers and the Appellate Tribunal at the end would be the venue for the correction of any capricious action. Once that stage has passed, this Court, which is not an appellate Court, cannot correct the error unless some question of law is therein involved. In the present case the Income-tax Officer in dealing with the matter observed as follows:- The account is stated to be maintained quantitatively, and regarding stocks a register is maintained. But it is not a regular register recording everyday stocks after deduction of the day's sales. It contains fortnightly figures of 'thans'. Assessee has not made any attempt to maintain accounts number by number .....

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..... y of the accounts for this purpose is left by the proviso to the judgment of the officer, subject to appeals such as lie. The assessee has failed to satisfy the appellate authorities, and this Court must, therefore, accept the decision rendered. As we have pointed out, there is foundation for the application of the proviso. Whether or not profits or loss could, in the books as they stand, have been calculated is not for this Court to decide. The officer concerned has expressed his inability and the appellate authorities have concerned with him. This concludes the matter, and no question of law arises. Indeed, the question as framed shows that the assessee's contention is that there is no foundation for the action taken. The appropriate .....

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