COMMISSIONER OF INCOME TAX Vs. ARUNABEN SUMANKUMAR

JUDGEMENT

(1.) IN this reference at the instance of the Revenue, the following question is referred for our opinion in respect of the asst. year 1983 84 :

(2.) WE have heard Mr. Tanvish Bhatt, the learned standing counsel for the Revenue. Though served, none appears for the respondent assessee.

(3.) IN second appeal, the Tribunal held that the CIT could not have taken action under S. 263 in the case of the assessee on the basis of the records in the cases of other persons, no matter how closely they were related to the assessee. Holding thus, the Tribunal set aside the order of the CIT. Hence, this reference at the instance of the Revenue.