2001 (11) TMI 8

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....estion referred to us at the instance of the Revenue for the assessment year 1982-83 is: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that any appeal to the Commissioner of Income-tax (Appeals) will lie against an addition made in the reassessment under section 147(b) of the Act, when the same addition has been made in the origin....

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....nal assessment was dismissed after observing "as the original assessment does not subsist after the reassessment, the appellant's representative has no objection to this appeal being dismissed. In the result the appeal is dismissed. The assessee filed an appeal against the order of reassessment and in that appeal he succeeded. The Commissioner deleted the disallowance of Rs. 3,00,000 under sect....

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....ssessee had been dealt with unfairly. The assessee was persuaded to consent to the dismissal of the appeal against the original assessment because of the view that the appellate authority had entertained and had conveyed to the assessee's representative that the original assessment does not subsist for any purpose after the reassessment. The assessee had consented to the dismissal of the appeal on....