NARESH G MODI Vs. I T OFFICER

JUDGEMENT

(1.) THE appellant -assessee has preferred this appeal, challenging the order of the learned ITAT, Ahmedabad Bench "C" (for short, 'the Tribunal'), Dated : 21.02.2003, rendered in ITA No. 3357/Ahd/97 for the A.Y. 1991 -92, whereby, the Tribunal dismissed the appeal filed by the assessee.

(2.) THE brief facts of the case are that the assessee filed his return of income for the A.Y. 1991 -92 on 25.07.1991, declaring his total income at Rs.1,08,095/ -. Pursuant thereto, the assessee was issued a notice under Section 143(2) of the Income Tax Act, 1962('the Act', for short). The assessee attended the proceedings along with his advocate, and then, submitted a revised return declaring his income at Rs.95,005/ -. Here, it may be noted that in the original return, Dated : 25.07.1991, the assessee had claimed the status of Association of Persons (hereinafter referred to as 'A.O.P.'). However, at the time of filing the revised return, the assessee claimed the status of an individual and sought deduction of Rs.13,000/ - under Section 80L of the Act. The AO, however, rejected the claim of the assessee and assessed his net income at Rs.1,08,095/ -. Being aggrieved with the same, the assessee approached the CIT(A) by way of an appeal, but, CIT(A) dismissed the appeal of the assessee. The assessee, hence, approached the Tribunal, wherein, the Tribunal passed the impugned order. Therefore, the assessee preferred the present appeal.

(3.) AT the time of admission, this Court framed following questions of law;