COMMISSIONER OF INCOME TAX Vs. M P DAVIS

JUDGEMENT

(1.) IN these references made under section 256(1) of the INcome-tax Act, 1961 (Central Act 43 of 1961) ("the Act"), the INcome-tax Appellate Tribunal, Bangalore Bench, Bangalore ("the Tribunal"), at the instance of the Revenue has referred the following question of law for the opinion of this court :

(2.) IN order to appreciate the question referred to us, it is necessary to notice the facts as found by the Tribunal in the first instance.

(3.) AGGRIEVED by the orders made by the Appellate Assistant Commissioner and the Income-tax Officer, the assessee filed second appeals before the Tribunal which by its common order dated June 30, 1977, has allowed them and has canceled the assessments taking the view that the reassessment proceedings commenced and completed were invalid. Hence, these references.