INCOME TAX OFFICER Vs. SMT. PARU D. DAVE

JUDGEMENT

(1.) Both the appeals filed by the Revenue in the case of two partners of same partnership firm are against separate orders of CIT(A) relating to the same asst. yr. 1994 -95 against the order under s. 143(3) r/w s. 147 of the IT Act, 1961. The assessees in both the appeals have independently filed cross -objections against the reopening of the assessment under the provisions of s. 147 of the IT Act. Both the appeals by the Revenue and the cross -objections raised by the assessee though relating to separate assessees are on same issue, were heard together and are being disposed of by this consolidated order for the sake of convenience.

(2.) SHRI R.N. Parbat/Dilip Sharma, Departmental Representatives appeared for the Revenue and Shri Vijay Patil/Vishwas Mahindale, learned counsel appeared for the assessee and put forward their rival submissions.

(3.) IN both the appeals, the issue raised by the Revenue is as under :