IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 ITA.No. 6 of 2001() ------------------- ITA.28C/1997 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT : ----------------- M/S CENTRAL TRADERS, MUSEUM ROAD, TRICHUR. BY ADV. SRI.P.BALACHANDRAN RESPONDENTS: ------------- 1. THE INCOME TAX OFFICER, WARD-5, TRICHUR, 2. THE COMMISSIONER OF INCOME TAX, COCHIN, ERNAKULAM. BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT SRI.GEORGE K. GEORGE, SC FOR IT THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - I.T.A.NO.6 of 2001 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2008. JUDGMENT C.N. Ramachandran Nair, J. This appeal arises from the order of the Tribunal disposing of assessee's appeal for the assessment year 1991-92. The question raised is whether the Tribunal was justified in sustaining rejection of the books of accounts and confirming best judgment assessment under Section 145 of the Income Tax Act. 2. We have heard Shri P. Balachandran, learned Senior Counsel for the appellant and learned Standing Counsel appearing for the department. 3. On going through the order of the Tribunal and after hearing learned counsel on both sides, we are of the view that the findings rendered by the Tribunal are only on questions of fact and no substantial question of law arises therefrom. The assessee, a dealer in arrack, returned a meager income of Rs.1,51,767/- on a total turnover of Rs.10,57,26,834/-. The assessing officer rejected the books of accounts, because those were not full or complete. In fact, addition made on account of unaccounted purchase and sale was cancelled by the Tribunal on the ground that there is no proof ITA 6/2001 -2- of unauthorised purchase and sale which is illegal. However, the Tribunal also found that the books were incomplete, in as much as the entries in the books of accounts were not supported by bills or vouchers and therefore the estimation of profit was confirmed with modification. These findings are only on facts and no substantial question of law arises from the order under challenge. Therefore, the appeal is dismissed. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ ITA 6/2001 -3- C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - I.T.A. No.6 of 2001 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 13th February, 2008.