https://www.taxtmi.com/caselaws?id=21364 The Orissa HC held that the reference could not be answered on the existing record because the Tribunal had not examined the central question, namely the applicability of the proviso to section 64(1)(ii) of the Income-tax Act, 1961. Since that issue was not addressed, the Tribunal had proceeded on a basis not adopted by either party, and the question concerning the amended Explanation 1 from 1 April 1980 would arise only if the proviso was first found applicable. The matter was therefore remitted to the Tribunal to rehear the appeal and decide the proviso issue before considering the amended Explanation 1, if necessary. en-us Tue, 21 Jan 1992 00:00:00 +0530 Sat, 21 Nov 2009 17:43:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=21364 The Orissa HC held that the reference could not be answered on the existing record because the Tribunal had not examined the central question, namely the applicability of the proviso to section 64(1)(ii) of the Income-tax Act, 1961. Since that issue was not addressed, the Tribunal had proceeded on a basis not adopted by either party, and the question concerning the amended Explanation 1 from 1 April 1980 would arise only if the proviso was first found applicable. The matter was therefore remitted to the Tribunal to rehear the appeal and decide the proviso issue before considering the amended Explanation 1, if necessary. Case-Laws Income Tax Tue, 21 Jan 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=21364