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1953 Supreme(Pat) 25

RAI, V.RAMASWAMI
Ramcharitarram Harihar Prasad – Appellant
Versus
Commissioner Of Income Tax – Respondent


Judgment

Ramaswami, J.

1. In this case the assessee is a firm consisting of four partners, Bameshwar Prasad, Ramlakhan Prasad, Ramekbal Prasad and Gopijee Maheshwar and was registered under Sec.26A, Income-tax Act. The assessee is a firm carrying on considerable business in sugar, salt, kirana and other articles in the town of Kishunganj in the district of Purnea. The assessment in dispute relates to the year 1946-47 for the purpose of income-tax. The assessment for excess profits tax refers to the chargeable accounting period 20-4-1945 to 31-3-1946. In the course of assessment proceedings the Income-tax Officer examined the account books & found that the trading account maintained by the assessee did not show the assessees true profits. He, therefore, estimated that a sum of Rs. 20,072 should be added as profits to the amount shown in the books of account. There was another matter in respect of which the Income-tax Officer was not satisfied with the explanation of the assessee. The account books showed that there were cash credits in the personal accounts of the four partners to the extent of Rs. 85,370. The Income-tax Officer added the two amounts of Rs. 20,072 and Rs. 85,370 and












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