On or about the 29th November the counsel for the appellant requested that he should be allowed time till Saturday the 3rd of December to file the above information and time for this purpose was allowed to him. 34,74,735 on account of labour troubles. Accordingly, the State Chandigarh Lawyer
Bank of Mysore approached the Recovery Officer, for the disposal of the assets of Deve Sugars Ltd. the Departmental Representative admitted before us that the calculations purported to have been made under Rule 2(a) were not in accordance with the requirements of Rule 2(a), but it was explained that as the information necessary for determining income under Rule 2(a) was not available, an estimate was made and the income determined under Rule 2(b) was adopted for determining the income under Rule 2(a).
The establishment expenses, however, during that year -were in the sum of Rs. But in the absence of such a finding, we are unable to see any ground on which the order of the Tribunal could be upset in a reference under section 66(1). on 944 sales amounting to Rs. On the 3rd December Mr. 1996 were recovered at the instance of the accused from the guardroom of PTS Marol. P-24, the Panchanama which was prepared on the spot. The recovery of clothes worn by the accused from the parents house indicated that his shirt did not have three buttons which were found at the scene of occurrence completes the chain of events.
1996 morning have deposed before the Court. The assessee then appealed to the Tribunal against these decisions. Consequent upon the return of Company Application No. Further keys of the office of PTS, Marol which the victim took along with him while departing along with Chandigarh Advocate
the accused on 7. " What is referred to in this passage is only a statement of the Departmental Representative and not a finding. On the other hand, the whole tenor of the judgment of the Tribunal is that there had been no determination of the profits under Rule 2(a) by reason of the erroneous view taken by the Income-tax Officer as to the true nature of the business of the Company.
Under the circumstances, the High Court set aside the winding up order passed by the Company Court and further directed that the proceedings before him shall remain in abeyance till the disposal of proceedings before the authorities under the SICA. The High Court has elaborately considered the Exh. The total amount of sales Advocates in Chandigarh
the year 1942 was of the amount of Rs. 'this is what is mentioned in the judgment of the Tribunal:- "At the end of the hearing of this appeal on 25th of November, 1949, the Income-tax Appellate Tribunal requested the departmental representative to produce for the examination of the Income-tax Appellate Tribunal the gross profit rates shown or assessed in the cases of other similar cotton mills.
There is evidence on record to indicate that accused on 8. Recovery of stone which was used by the accused for smashing the head of the victims and the post mortem report has found the wound as incised like wound which proves the manner of causing death as was stated by the accused. A number of other causes were mentioned by the assessee for the low rate of profit during the relevant period; but the Income-tax Officer took no notice of them.
If there had been a finding by the Tribunal that the requisite materials had been called for and withheld by the appellant, the decision of the High Court would be unassailable, and, indeed, that was the only one that 829 could have been reached. , in continuation of the recovery certificate issued by the DRT dated 15. The keys which were with the accused were found in the custody of accused clearly completes the chain of events.
The departmental representative wanted 3/4 days' time to collect information on this point. What happened before the Tribunal may well be stated in terms of the Tribunal's order itself. It may be mentioned that in the return the company had disclosed a gross :profit of 28 per cent,. On appeal this order was upheld by the Appellate Assistant Commissioner. The office was not allowed to be opened and the witnesses who had seen him on 8. 15,94,101, while during the accounting year relevant to the year under assessment these had gone up to Rs.
1996 went to PTS, Marol and wanted the Pay Office of PTS Marol to be opened on the pretext that he has left his keys on previous day. 1300 of 2003, it Chandigarh Advocate
came to be assumed by the State Bank of Mysore, that leave of the High Court, was not required for the sale of the assets of Deve Sugars Ltd. On this the appellant also wanted to be allowed to produce information regarding the gross profit rates shown or assessed by other similar cotton mills, Chandigarh Advocates
and he was also allowed to produce information on the point.
1, 15,69,582, disclosing a gross profit of 41 percent. When once it is found that there was no proper determination of the profits as required: under Rule 2(a)- and that was indeed conceded-and there was no justification for it such as the High Court thought there was, the only order that could properly be made was to remand the case for further enquiry and fresh disposal in accordance with law.