1992 (1) TMI 43

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....n application under section 256(2) of the Income-tax Act, 1961 (for short "the Act"), filed by the Commissioner of Income-tax, Lucknow, for a direction to the Income-tax Appellate Tribunal to draw up a statement of the case and to refer the question set out in the application for the opinion of this court. The dispute relates to the assessment year 1979-80. Against the loss return of Rs. 9,145,....

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....records of the assessee which was the material available with the Assessing Officer ? " We have heard learned standing counsel for the applicant. In our opinion, the order of the Income-tax Appellate Tribunal is concluded by findings of fact and, in any event, it does not give rise to any statable question of law. The assessment for the year in question was completed under section 143(3) of ....

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....n the income returned and assessed for the immediately succeeding year where the returned income from all sources had been accepted even though the assessment was made under section 143(3) of the Act. The Income-tax Appellate Tribunal, while sustaining the appellate order, has reiterated that as the assessment order framed by the Assessing Officer was not supported by any material, the Appellate A....

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....s to the material on record. In the instant case, as noticed earlier, the assessment order for the year in question was entirely based on the quantum of income assessed in the immediately preceding assessment year, which was an ex parte assessment order made under section 144 of the Act. It is true that the past history might be legitimate material, but that by itself may not be sufficient to sust....