1985 (12) TMI 39

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....is a reference under section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue to decide the following question of law: "Whether, on the facts and circumstances of the case, the Appellate Tribunal was justified in holding that the Commissioner was not correct in concluding that the two separate assessment orders passed by the Income-tax Officer were erroneous and prejudicial to....

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....e, M/s. Bhagwandas Dwarkadas, Mandla. Two separate returns were filed, one for the period up to September 26, 1973, and thereafter during the relevant accounting year. The Income-tax Officer made two separate assessment for that year according to the two returns which were filed. The Commissioner of Income-tax initiated action under section 263 of the Act and held that the Income-tax Officer ought....

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....ction 187(2) of the Act. Admittedly, the present case is not covered by the amendment made in section 187(2) which is applicable from the assessment year 1975-76 only and not prior to it and, therefore, the Full Bench decision in Girdharilal's case [1984] 47 ITR 529 (MP) construing section 187(2) prior to its amendment, is clearly applicable. Following that decision, it must be held that the prese....