COMMISSIONER INCOME TAX BILASPUR Vs. ABDUL AZIZ

JUDGEMENT

(1.) The instant appeal filed under Section 260-A of the Income Tax Act, 1961 (for short "I.T. Act") arises from the order dated 06.10.2003, passed by the Income Tax Appellate Tribunal (for short "I.T.A.T.") in I.T.A. No.419/JAB/90 (Assessment Year 1990-91). The appeal was admitted on 26.07.2011, the following question of law :

(2.) The brief facts, as projected by the appellant, are that the original assessment of the assessee was completed under Section 143 (3)/147 of the I.T. Act on a total income of Rs.2,36,130/- on 31.03.1995 with an addition of unexplained cash credit of Rs.96,000/- under Section 68 of the I.T. Act. The Commissioner of Income Tax (for short "the CIT"), set aside the assessment order on 25.03.1997 in Revision No.F/SRO/263/10/1996-97 with a direction to complete assessment order afresh.

(3.) The revenue preferred an appeal before the I.T.A.T. In the meantime, the Assessing Officer, passed a fresh assessment order on 30.03.1999 in compliance of the order dated 25.03.1997, passed by the CIT under Section 263 of the I.T. Act. The I.T.A.T. quashed the order dated 25.03.1997 passed by the CIT vide order dated 15.10.1999.