2002 (9) TMI 13

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Tribunal to refer the following question for our opinion: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the income of the assessee is assessable under section 28 of the Act, 1961?" The assessment years involved in this question are from 1973-74 to 1976-77. The background of this case is that a mill, which was leased out in the assessme....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... five bungalows, labour quarters and godown, etc. No activity of manufacturing was carried out through that mill by the assessee since July 16, 1964, instead that mill was given on lease to the family concern. As the suit was pending since 1949, a receiver was appointed, but that receiver was discharged on August 28, 1974. The case of the assessee is that the assessee never handed over the posse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Appellate Assistant Commissioner. Heard Mr. Singhi, learned counsel for the Revenue. None appeared for the assessee, though the matter was listed 2 to 3 times. Mr. Singhi, learned counsel for the Revenue has supported the view taken by the Assessing Officer. He submits that no whereabouts of the assessee are available. The facts found by the Assessing Officer reveal that the assessee gave t....