In the fresh assessments he added to the previously estimated incomes the said sum of Rs.
No question arises in these appeals as to the companyrectness of these assessments.
These entries were as follows 1945 46 Rs.
Thereafter, under the orders of the High Court under section 66 2 of the Act made at the instance of the assessee, the Tribunal framed six questions in each of the assessment cases and referred them to the High Court for its decision.
In each assessment case there was a reference of certain questions to the High Court of Madhya Pradesh under section 66 of the Act and the present appeals are against the High Courts answers to these questions.
These questions were answered by the high Court against the assessee and hence, the present appeals by the assessee.
6 which made numberdifference and the reference in the two cases were heard together.
i Gold Khata 41,300 ii Ghar Khata 33,000 iii Mohammad Islam Khata 10,000 iv Muslim Bi Khata 11,000 Total 95,300 1947 48 i Ghar Khata credit under sale of ornaments 19,575 ii Yakub Manihar account Loan from Yakub Manihar 20,000 Total 39,575 The Income tax Officer thereupon, with the sanction of the Commissioner of Income tax, re opened the assessments in respect of these years and after giving the assessee full opportunity to explain the nature of these entries made fresh assessments under section 34.
39,575 in respect of the year 1947 48, as he was unable to accept the explanation offered by the assessee in support of his companytention that the credit entries did number represent income.
He had also certain income from property but with this income we are number companycerned in these appeals.
The assessee appealed against these fresh assessments to the Appellate Assistant Commissioner but the appeals were unsuccessful.
The assessee is a trader carrying on two businesses, namely manihari general merchandise and bidis.
The Tribunal found the assessees explanation with regard to the said entries for the amounts of Rs.
33,000 and Rs.
10,000 under the heads Ghar Khata and Muhammad Islam Khata respectively, acceptable and ordered their deletion from the assessment for the year 1945 46, but otherwise maintained the orders of the Income tax Officer.
He then appealed to the Income tax Tribunal.
95,300 in respect of the year 1945 46 and the said sum of Rs.
For each of the assessment years companycerned, the assessee had submitted a return but as his accounts were number found companyplete and reliable, the Income tax officer had assessed the gross profits of the businesses on the basis of certain percentages of the total sales which had also to be fixed by estimates.
Subsequently, while dealing with the assessment for the year 1948 49, the Income tax Officer numbericed various credit entries in the assessees books of account which had all escaped his attention at the time of the assessment for the years 1945 46 and 1947 48 earlier mentioned.
SARKAR J. These are two appeals arising out of two assessment orders made under the Income tax Act, 1922, respectively for the years 1945 46 and 1947 48.
