COMMISSIONER OF INCOME TAX Vs. MADHU PATANI

JUDGEMENT

(1.) THIS income -tax reference is filed by the Revenue being aggrieved by the orders passed by the Tribunal, Cochin in ITA No. 699/1994 for the asst. yr. 1987 -88. The Revenue has framed the following question of law for our consideration and decision. The same reads as under : "Whether in the facts and circumstances of the case, the assessee is entitled to raise and the Tribunal is empowered to consider the question of limitation arising in the original orders of assessment, in an appeal filed against the order passed while redoing the original assessment."

(2.) IN our opinion, there appears to be some typographical error while framing the question of law. It should have been, whether on the facts and circumstances of the case the assessee was entitled to raise the additional ground before the first appellate authority for the first time.

(3.) THE facts, as narrated by the Tribunal, in its order are as under. The assessee is the proprietrix of Madhu Steel Co., dealing business in iron and steel. She is also a partner in M/s Madhu Trading Agencies, also dealing business in iron and Act (the "Act" for short). Subsequently, a search was conducted, both in the assessee's residence and in the business premises, and certain documents had been recovered by the Revenue. After such seizure by the Revenue under s. 132 liability of the assessee.