1990 (9) TMI 58

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.... section 256(2) of the Income-tax Act, 1961, the Tribunal has referred the following question for the opinion of this court : "Whether, on the facts and circumstances of the case, the Tribunal was legally justified in holding that the assessment was validly reopened under section 147(b) of the Income-tax Act, 1-961 ?" In this case, an assessment was made on July 25, 1969, for the assessment ....

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....aised by the assessee and, accordingly, the matter was remanded to him. Thereupon the petitioner applied for and obtained the present reference. It is clear from a reading of the order of the Tribunal that the assessment was reopened on the basis of and in pursuance of the report, or remarks, as it may be called, by the Inspecting Assistant Commissioner who pointed out the errors in the assessm....