NARAYANAN P K Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN I. T. R. No. 90 of 1993, the INcome-tax Appellate Tribunal has referred the following two questions under Section 256(1) of the INcome-tax Act for the decision of this court :

(2.) IN I. T. R. No. 147 of 1995, the INcome-tax Appellate Tribunal has referred the following two questions as directed by this court as per judgment dated September 19, 1994, in O. P. No. 10711 of 1991 under Section 256(2) of the INcome-tax Act :

(3.) SIMILARLY, for the assessment year 1983-84, the assessee filed a return of income declaring a net loss of Rs. 9,090. The assessing authority rejected the return of income and determined the total income at Rs. 82,350. While doing so the assessing authority included a sum of Rs. 14,993 being the income from the business of Archana Jewellery on the basis of the findings arrived at for the assessment year 1979-80. Aggrieved by the assessment order, the assessee took up the matter in appeal before the Deputy Commissioner Of Income-tax (Appeals), Trivandrum, who by his order dated December 14, 1989, inter alia, directed the exclusion of the income from Archana Jewellery in the assessment of the assessee following his decision in I. T. A. No. 12-SPL/CIT of 1984-85 in the case of the assessee for the assessment year 1981-82. The assessee filed an appeal against the order of the Commissioner of Income-tax (Appeals) on some other issue as I. T. A. No. 235/Coch. of 1990, wherein the assessee challenged the findings of the Commissioner of Income-tax (Appeals) directing deletion of income from Archana Jewellery in the assessment of the assessee (sic). The Department filed a cross objection No. 19/Coch of 1990 in the said appeal. The Income-tax Appellate Tribunal following its earlier decisions in I. T. A. Nos. 324, 325 and 326/Coch. of 1986 relating to the assessment year 1981-82 and 1982-83 which in turn relied on its earlier decision in I. T. A. No. 627/ Coch. of 1984 relating to the assessment year 1980-81 cancelled the findings of the Commissioner of Income-tax (Appeals) and restored the findings of the assessing authority regarding the inclusion of the income from Archana Jewellery in the hands of the petitioner. It is against this order of the Income-tax Appellate Tribunal that the assessee has sought reference of the two questions specified in paragraph 1 of this judgment and the Tribunal has referred the same for decision of this court, which is the subject-matter of I. T. R. No. 90 of 1993.