1995 (4) TMI 4

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....ibunal to state the questions of law as suggested by the assessee. The questions of law suggested by the assessee are : "1. Whether, on the facts and in the circumstances of the case and on a proper interpretation of section 254; the Tribunal was competent and justified in entertaining and deciding the preliminary point raised by the Revenue. 2. Whether, on the facts and in the circumstances....

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....mpany had erroneously brought to tax income from agriculture and had also correspondingly allowed certain expenses in connection with the agricultural operations. It was argued that the assessee had earned income from agriculture which was not subject to tax and that by allowing expenses which were connected with the agricultural activities, the Income-tax Officer committed an error in making the ....

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....ncome should be brought to tax. Since this aspect of the matter has been overlooked by the Income-tax Officer, we think that in the interest of justice, we must set aside these assessments and restore the matter to the file of the Income-tax Officer so that he may remake the assessments in accordance with law, in the light of our above observation." The assessee filed an application under secti....

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....Learned counsel submitted that there is a sharp difference of opinion among the High Courts on the powers of the Tribunal to make orders which have the effect of enhancing the assessable income of the assessee. These submissions are met by Mr. J. Ramamurthy, learned counsel for the Revenue, relying principally upon the decision of this court in CIT v. Assam Travels Shipping Service [1993] 199 ITR ....