9911796707
TMI Blog1972 (9) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... he judgment of the court was delivered by HEGDE J.- This is an appeal by special leave. It is directed against the decision of the High Court of Assam and Nagaland rejecting the Commissioner's application under section 66(2) of the Indian Income-tax Act, 1922. The Tribunal allowed the appeal of the assessee and set aside the assessments made on him on the ground that the assessee, which is an association of persons, had not made any illegal profits, but the illegal profits were made by two of the three members of that association. Aggrieved by that decision, the Commissioner requested the Tribunal to submit to the High Court for its opinion three questions of law, namely : " (1) Whether, on the facts and in the circumstances of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l that the assessee, which is an association of persons, did not make profits in the relevant previous years, is supported by evidence. On this question the Tribunal's findings are, found at paragraph 12 of its order. The findings are : " The answer to these two preliminary objections raised on behalf of the assessee would have been sufficient to dispose of the appeal. We have, however, thought it proper to see for ourselves as to whether even on the merits the assessment could be sustained. Now, in order to appreciate the question relating to the merits of the addition (sic), it will be necessary to assume that the assessment has been made not on the partners separately but on the firm itself. Now, as we have stated above, this firm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly thereafter, the Government required that procurement of paddy by the Syndicate must not be made directly from the agriculturists but must be made through licensed dealers. Thereafter, whatever paddy or rice was procured or supplied by the Syndicate, was obtained from the licensed dealers. There has been no complaint of profiteering by persons who procured rice and paddy from the licensed dealers. Such complaints were only in respect of procurements made from the agriculturists. Now from the Shome Commission's Report it is apparent that the assessee procured major portion of the rice and paddy from the firm of H. S. Chakraborty and the firm of Khan Bahadur Abdul Karim Chowdhury, which were licensed dealers. It may be stated that these two ..... X X X X Extracts X X X X X X X X Extracts X X X X
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