1983 (4) TMI 86

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....w s. 147 (b) of the IT Act, 1961 by the ITO should not have been annulled by the CIT (Appeals) when the issue was carried before him. 2. The facts, in brief, pertaining to the issue are that the assessee Shri Shubh Karan Bansal who was an individual, had filed his return of income at a figure of Rs. 91,474 in which he had included the sum of Rs. 11,024.50 on account of share of profit earned by....

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.... original assessment it was this share of Swapan Bansal which was subjected to tax in the hands of the assessee. On change of the ITO the succeeding ITO came to the conclusion that the income of Swapan Bansal should have been added for the period from 1st April, 1975 to 31st March, 1976 and therefore, he resorted to s. 147 (b) proceedings. In the course of reassessment proceedings he clubbed up th....

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.... hand, relied on the order of the CIT(A). 5. After taking into consideration the rival submissions and looking to the facts we are unable to interfere in the order of the CIT (A). We had an occasion to deal with identical issue of the case of Smt. Urmila Rani with the only difference that in that case it was at the instance of audit that s. 147 (b) proceeding were initiated. The instant case is....