COMMISSIONER OF INCOME TAX Vs. USHA (INDIA) LTD.

JUDGEMENT

(1.) ASSESSEE 's appeal for the asst. yrs. 1991 -92 and 1993 -94.

(2.) THE controversy related to the additions made by the AO in the total income of the assessee on account of alleged benami concerns from which the assessee was stated to have earned income. It has been noticed that in the impugned order that for the asst. yrs. 1989 -90 and 1990 -91, the same additions were made. The CIT(A) for the asst. yr. 1989 -90 set aside such addition and for the asst. yr. 1990 -91, the addition was deleted. A finding was arrived at that except for one of the companies, the rest of the companies were not benami of the assessee company and that facts relating to the companies had been jumbled up. The impugned order also records the admitted position that there was no second appeal by the Department for these two assessment years. The Tribunal thus, found that when the finding given for the asst. yr. 1990 -91 had become final, there was no point in setting aside the issue as in the asst. yr. 1989 -90 as pleaded by the Department. order of the CIT(A) for the earlier assessment year has become final. Learned counsel for the appellant/Department had taken time to obtain instructions. The matter being listed on three occasions, learned counsel for the appellant has no instructions to the contrary.

(3.) In view of the aforesaid, there is no infirmity in the impugned order insofar as this common question in the two appeals is concerned.