1997 (7) TMI 49

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....instance of the Department, the Tribunal referred the following question for the opinion of this court under section 256(2) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Income-tax Officer had not validly assumed jurisdiction under section 147(a) of the Act?" The Income-tax Officer had taken action under ....

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....l held that the reassessment was not made by the Income-tax Officer on a valid assumption of jurisdiction. The Tribunal found that the Income-tax Officer's action in reopening the assessment under section 147(b) of the Act earlier was to withdraw the standard deduction of Rs. 3,400 allowed by the Income-tax Officer in the original assessment on the basis that the remuneration received by the asses....

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....e subject-matter of appeal before the Tribunal. It was also found that the Income-tax Officer in the reassessment under section 147(a) carried out another modification by treating the remuneration received by the assessee from V. Ramakrishnan Sons Pvt. Ltd., and R. S. Industrial Corporation Pvt. Ltd., totalling Rs. 24,000 as the income of the assessee under the head "Other sources", instead of und....