1989 (5) TMI 45

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....J.-This order will dispose of Income-tax References Nos. 57 and 82 of 1981, as they arise between the parties relating to the same assessment year and out of one assessment order passed by the Income-tax Officer. For the assessment year 1971-72, the assessee filed a return on October 20, 1971, under section 139(4) of the Income-tax Act, 1961 (hereinafter called "the Act"), showing an income of ....

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....r covered by the cross-objections on the point of limitation to the Appellate Assistant Commissioner and directed that the appeal filed by the Revenue would be disposed of after the decision by the Appellate Assistant Commissioner. The Appellate Assistant Commissioner held that the assessment was not time-barred as it was a case of concealment of income and the case came within the ambit of sectio....

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....of the order of the Tribunal dated November 27, 1980, passed in the assessee's appeal on the point of limitation. At the instance of the Revenue, the following two questions have been referred for the opinion of this court, one in each of the two references : Income-tax Reference No. 57 of 1981: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal erred in law ....

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....ent order would be within limitation and for coming to this conclusion it had to be found out whether the assessee had concealed the particulars of his income or furnished inaccurate particulars of such income. If this matter was to be decided against the Revenue, then, of course, the limitation of eight years would not be applicable. Under their circumstances, the Tribunal erred in not deciding t....