KAPIL MOHAN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) AT the instance of the assessee, following questions have been referred under S. 256(1) of the IT Act, 1961 ('the Act') for opinion of this Court by the Tribunal, Delhi Bench 'C' :

(2.) THE dispute relates to the asst. yr. 1976-77. We need not go into the factual aspects in detail in the light of the accepted position that the Tribunal worked out the variation which was, according to it, less than Rs. 1 lakh. Since the sine qua non for application of S. 144B of the Act is a variation of Rs. 1 lakh or more, the answer to the first question is in the affirmative, in favour of the Revenue and against the assessee.