1970 (2) TMI 8

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..... was assessed by applying a rate on the receipts and depreciation on the trucks - assessee claimed a loss u/s 10(2)(vii) - memorandum register was produced which showed the relevant entry regarding the purchase and sale of vehicles wherein the loss had been calculated and written off within the meaning of section 10(2)(vii) - revenue's application for issue of mandamus is dismissed
Judge(s) : S .....

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..... y the entries in the memorandum book? " The assessee, an individual, carried on contract business for the supply of ballast. He employed his own trucks for the purpose of the contract business. No accounts of his business were produced by him. His income from such business was assessed by applying a rate on the receipts and depreciation on the trucks. In the assessment year 1960-61, the assessee .....

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..... t of Rs. 50,679. After hearing the assessee, the Appellate Assistant Commissioner enhanced the amount of income by the figure of the loss claimed, by his order dated the 15th of March, 1963. The assessee then appealed to the Tribunal and the Tribunal reversed the decision of the Appellate Assistant Commissioner and agreed with the Income-tax Officer in allowing the amount of Rs. 50,679 as loss. T .....

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..... adras and Bombay High Courts, in P. Appavu Pillai v. Commissioner of Income-tax, and Commissioner of Income-tax v. London Hotel, we decline the prayer for mandamus. Normally speaking, if a matter is settled by a High Court in this country, that should be enough for the purposes of the revenue, unless this court comes to a conclusion that that decision is patently erroneous. This avoids multiplicit .....

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..... ce that can be granted under section 10(2)(vii). " In the present case, the memorandum register was produced which showed the relevant entry regarding the purchase and sale of vehicles wherein the loss had been calculated and written off within the meaning of section 10(2)(vii). The decision of the Madras High Court is fully applicable to the facts of the present case. In this view of the matter .....

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