2004 (11) TMI 25

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... made under section 256(1) of the Income-tax Act, 1961 by the Tribunal at the instance of the Revenue (Commissioner of Income-tax) in R.A. No. 347/Ind of 1993 arising out of an order dated October 6, 1993, passed by the Income-tax Appellate Tribunal in I.T.A. Nos. 677 and 678/Ind of 1990 to answer the following question of law: "Whether, on the facts and in the circumstances of the case, the Inco....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....6,000). It is essentially this question which was the subject matter of controversy in this case which was reopened by the Assessing Officer by taking recourse to the provisions of section 148 of the Income-tax Act on the strength of the DVO report. The Assessing Officer made additions of Rs. 1,27,436 but spread it over in three assessment years, i.e., 1984-85, 1985-86 and 1986-87. This order of t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the assessee. It is against this decision of the Tribunal, the Revenue prayed for reference which was initially declined by the Tribunal but later made as directed by this court. None for the Revenue. Heard Shri Gilda, learned counsel for the assessee. Having heard learned counsel for the assessee and having perused the record of the case, we are of the view that the question referred to this c....