M/S R. B. RAM RATTAN PREM NATH DEHRADUN Vs. COMMISSIONER OF INCOME TAX, U. P., LUCKNOW

JUDGEMENT

(1.) JUDGEMENT The Income Tax Appellate Tribunal has referred the following two questions at the instance of the assessee for the opinion of this Court.

(2.) THE assessee is a partnership firm consisting of Rai Bahadur Ram Ratan and his son Prem Nath. It carried on the business of canteen contractors. The statement of the case submitted by the Tribunal mentions that the account books maintained by the assessee were never accepted by the Income Tax Officer and the income was assessed by applying a flat rate over the turnover disclosed by the assessee.

(3.) FOR the assessment years 1947-48 and 1948-49 the assessments had already been completed. In respect of those assessment years also the Income Tax Officer took proceedings under Section 34(1) (a) and upon the assessee failing to produce his account books the Income Tax Officer made assessment orders including an amount of Rs. 98,450/- in the total income for the assessment year 1947-48 and an amount of Rs. 2,20,754/- in the total income for the assessment year 1948-49.