1981 (7) TMI 62

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....d by G. P. SINGH C.J.-This is a reference under s. 256(1) of the I.T. Act, 1961. The question of law referred is as follows : " On the facts and in the circumstances of the case, when an assessee is found eligible for relief under section 80J of the Income-tax Act in respect of an assessment year whether the Income-tax Officer is competent to disallow the same for any or all the four subs....

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.... AAC granted the relief under s. 80J to the assessee and the same view was taken by the Tribunal in further appeal. Both these authorities were of opinion that it was not open to the ITO to take a different view for the assessment years 1974-75 and 1975-76. It is contended by the learned counsel for the department that the principle of res judicata has no application to proceedings under the I.....

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....n the instant case, no fresh material was brought in, in the assessment proceedings for the years 1974-75 and 1975-76, to show that the finding reached by the ITO in the assessment proceedings for the year 1973-74, that the assessee had installed new plant and machinery and had constructed a new building, was in any way erroneous. As earlier pointed out by us, the ITO, in granting the relief for t....