SANTHILAL & CO., TRICHUR Vs. COMMR. OF INCOME TAX, MYSORE ETC.

JUDGEMENT

(1.) THESE references relate to the assessments of Messrs. Shantilal and Co., Trichur, for the assessment years 1121, 1122, 1123 and 1124 (act counting years 31 -3 -1945, 31 -3 -1946, 31 -3 -1947 and 31 -3 -1948), the two questions referred as directed by this Court on 13 -3 -1953 being:

(2.) THE word "outside the State" in question No. (1) is a typographical error for "inside the State" and the figure "Rs. 50,000" should be "Rs. 60,000" as far as the assessment year 1124 is concerned. The assessments in respect of the four years are best judgment assessments under S. 28(4), Cochin Income -tax Act, VI of 1117, corresponding to Section 23(4) Indian Income -tax Act, 1922.

(3.) THE classic statement of the law on the subject is in - 'Commr. of Income -tax, UP & CP v. Badri Das Ram Rai Shop', : AIR 1937 PC 133 (A):