Reassessment validity under Indian income-tax law required Tribunal's opinion before the High Court answered the reframed reference question.

The reference question on the validity of reassessment proceedings under section 34(1) of the Indian Income-tax Act, 1922, did not properly reflect the real controversy because the Tribunal had not expressed an opinion on that issue. The High Court followed the normal reference procedure, reframed the question, and required the Tribunal to examine the material available to the Income-tax Officer when action under section 34(1) was taken before the High Court answered the issue. The matter was therefore sent back to the Tribunal for its opinion on the reassessment challenge.

---

---

Issues: Whether the validity of the reassessment proceedings under section 34(1) of the Indian Income-tax Act, 1922, should be decided by the Tribunal before the High Court answers the reference.

Analysis: The question referred to the High Court did not properly capture the real controversy on the reassessment challenge. The Tribunal had not recorded its opinion on that issue, and the Court considered it necessary to follow the normal reference procedure. It therefore reframed the question and directed the Tribunal to consider the material that was available to the Income-tax Officer when action under section 34(1) was taken, so that the Tribunal's view could be obtained before the High Court answered the reframed question.

Conclusion: The matter was sent back to the Tribunal for its opinion on the validity of the reassessment proceedings.

---