MATHAI MAPPILA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN all these applications, a common point of dispute is involved, though they relate to different assessment years in respect of four assessees. The common question referred for the opinion of this court under Section 256(1) of the INcome-tax Act, 1961 (in short "the Act") is as follows :

(2.) IT is to be noted that Income-tax References Nos. 91, 92, 94 and 95 of 1997 relate to the above question. Additionally, in I. T. R. Nos. 96 to 98, 146, 147 and 148 of 1997, the other questions have been referred, but the essence of dispute is the same. In I. T. R. Nos. 96 to 98 of 1997 relating to the assessment years 1985-86, 1987-88 and 1988-89, the question referred is as follows :

(3.) FOR a resolution of controversy, it is necessary to take note of the provisions contained in Sections 209A, 273(1)(b) and 273(2)(c) of the Act. They read as follows at the relevant time :