9911796707
TMI Blog1968 (10) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... two references have been made by the Madras Bench of the Income-tax Appellate Tribunal, as directed by this court on the application of the assessee, who is the same in both these cases. Income-tax Reference Case No. 55 relates to the assessment year 1961-62, while the other reference relates to the assessment year 1962-63. The assessment for the year 1961-62 is governed by the Indian Income-tax Act, 1922, while the assessment for the year 1962-63 is governed by the Income-tax Act, 1961. The question referred in Income-tax Reference Case No. 55 of 1967 is : " Whether the Tribunal was justified in applying the proviso to section 13 of the Indian Income-tax Act, 1922, to the facts of the case ? " The question in the other reference is pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he proviso to section 145 of the 1961 Act applied in the other case, and that the rejection of the accounts in respect of arecanut business was justified. The assessee filed further appeals before the Income-tax Appellate Tribunal; but the appeals were dismissed on the same ground by a common order dated 16th December, 1964. In dealing with the assessee's contention that there was no ground for invoking the application of the above provisions, the Appellate Tribunal stated as follows: " The main defect in the assessee's books is that the purchases are supported only by its own bought notes. No doubt, this is a common feature in this line of business as purchases are made mostly from agriculturists who do not have their own vouchers. But t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1922 Act, or the proviso to section 145 of the 1961 Act, as the case may be. The learned counsel for the revenue contended that the finding of the Appellate Tribunal that the proviso to section 13 of the 1922 Act applied to the case was one on a question of fact and that this court was not entitled to interfere with that finding. If this finding is based on any material, it is true that this court would not examine its correctness. But if the finding cannot be sustained on any material, or if the facts stated in support of the finding have no relevancy to the conclusion of the Tribunal, it raises a question of law; and this court is entitled to examine whether the said finding can be sustained on these limited grounds. In this case, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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