1977 (8) TMI 1

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.... two brothers and their sons. It runs a restaurant called " Chandravilas Hotel " in Ahmedabad. For the assessment year 1967-68, it filed a return on September 2, 1967, disclosing an income of Rs. 34,131. It was, however, assessed for that year on a total income of Rs. 1,65,422. For the assessment year 1968-69, it returned an income of Rs. 68,841 but was assessed on a total income of Rs. 2,80,457. ....

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....turn filed for the assessment year 1967-68. A similar order was passed on December 9, 1970, levying a penalty of Rs. 2,12,000 for the assessment year 1968-69. The respondent then preferred appeals to the Income-tax Appellate Tribunal, which, by its judgments of March 18 and 20, 1972, set aside the orders of penalty. The Additional Commissioner of Income-tax, Ahmedabad, the appellant before us, f....

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.... the Tribunal, but any elaboration of the matter here is likely to prejudice the rights and contentions of the parties in the two appeals. It is, therefore, desirable, a course to which counsel have no objection, that if we are disposed to set aside the orders of the High Court and the Tribunal, we do so by a brief order. Accordingly, we direct that the High Court shall call for a statement of ca....