- (1.) THIS is an application under Section 66 (2) of the Indian Income-tax Act, 1922, hereinafter referred to as the Act, asking the Court to direct the Income-tax Appellate Tribunal to state the case and refer for decision to this Court the questions specified hereunder : "1. When in the absence of a stock account an Income-tax Officer makes an assessment under the first part of Section 13, read with Section 23 (3) of the Act, following the accounts, closed on inventory basis, adding to the declared income unproved items of expenditure and in appeal before the Appellate Assistant Commissioner out of such unproved items those that are found vouched are eliminated, is it open to the Tribunal to hold that the accounts should have been rejected and assessment made under the proviso to Section 13, because a stock register has not been maintained by the assessee and profit disclosed by his Trading Account is low?
(2.) WHETHER under the circumstances of this case, when items of expenditure aggregating to Rs. 40,000/- were added back by the Income-tax Officer (as unproved items) and in appeal before the Appellate Assistant Commissioner, on proof being furnished by the applicant, Rs. 38,000/-out of Rs. 40,000/- were excluded from the assessed income, was the Bench justified in effecting add back of Rs. 30,000/-?
(3.) JS there any material on record supporting the estimate of Rs. 30,000/-?;