2004 (8) TMI 85

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....nce made under section 256(1) of the Income-tax Act, 1961, at the instance of the Commissioner by the Income-tax Appellate Tribunal (ITAT) to answer the following question of law: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessment made under section 143(3) read with section 143(2)(b) of the Income-tax Act, 1961, was barred by lim....

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....rned counsel for the Commissioner of Income-tax, Bhopal. None present for the assessee despite service. Having heard learned counsel for the Revenue and having perused the statement of the case and the relevant orders forming part of the case, we are of the opinion that the question referred has to be answered in the affirmative, i.e., in favour of the Revenue and against the assessee. It is not....

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....e of calculating four years from that date. Four years period as prescribed under section 153(2) would thus expired on March 31, 1988. As taken note of supra, the assessment in question was completed on March 25, 1988, i.e., well within four years as per requirement of section 153(2) which had application to this case at the relevant time. These dates are taken by this court from the statement of ....