9911796707
TMI Blog1930 (4) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax authorities to require the petitioner who is assessed under Section 23(4) to produce all the original accounts of the firm carrying on business outside British India. 2. The facts of the case are that the assessee who resides in British India carries on business in Penang in partnership with another who is in Penang and that in respect of the partnership the assessee is entitled to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he one-fifth sharer would have refused to produce the Penang account books if his partner had so requested. The whole story sounds a most improbable one and we think that the Commissioner of Income Tax has taken up the correct position in disbelieving the story. 3. The question to be considered here is first of all, whether, when a foreign business is carried on by an assessee in British ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r they came out of profits made in the Penang business. If they were profits of an amount sufficient to enable the remittances to be made to British India, then the inference is that the remittances came out of profits so the first thing the Income Tax Officer had to consider was whether any profits, and if so to what amount, had been made in Penang. Clearly for the purpose of deciding that questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee to produce account-books which ordinarily would be in his possession and control, then the assessee has got to show that he is incapable of producing them Of course, if the Income Tax Officer calls upon an assessee to produce account books which would not ordinarily be in his possession and control, then the onus would lie upon the Income Tax Officer of showing that the assessee could produce t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
