1997 (7) TMI 43

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....he instance of the Commissioner of Income-tax, Cochin. It arises out of the order passed by the Income-tax Appellate Tribunal, Cochin Bench, in I. T. A. No. 19 (Coch of 1987). The relevant assessment year is 1982-83. The following are the questions referred for opinion of this court : "1. Whether, on the facts and in the circumstances of the case, (a) the Tribunal is justified in cancelling ....

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....ion regarding the purchase of properties and proposing to complete the assessment ex parte estimating the income of Rs. 6,00,000. Since there was no response to this letter also, the Income-tax Officer completed the assessment under section 144 estimating the income at Rs. 6,00,000. On appeal, the Commissioner of Income-tax (Appeals) confirmed the order of the Income-tax Officer. The assessee f....

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....een assessed to wealth-tax the assessment lacks any material with reference to the undisclosed personal expenditure for which any income could be sustained". The Tribunal, therefore, annulled the assessment. Learned standing counsel for the applicant contended that the Tribunal has committed an error in annulling the assessment. Relying on a decision of the Supreme Court in CIT v. Segu Buchiah ....

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....d before the first appellate authority itself materials regarding his wealth-tax assessment for the year 1981-82 and the wealth-tax return filed for the year 1982-83. The assessee had also contended that his power of attorney holder had responded to various notices and he had filed a reply on August 24, 1984, requesting for one month's time. A copy of the letter referred to above is annexure-D. In....