MAHNEDARA R. PATEL (HUF) Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) TAX appeal No. 56 of 2014 is filed against the judgment and order dated 13.08.2003 passed by the Income Tax Appellate Tribunal, Ahmedabad (for short "the Tribunal") in ITA No. 1015/Ahd/2001, whereby the appeal filed by the assessee was partly allowed by the Tribunal. Tax Appeal Nos. 1452 of 2005 and 1453 of 2005 are filed against the common judgment and order dated 05.05.2005 passed by the Tribunal in ITA Nos. 2637 and 2638/Ahd/2004, whereby the appeal for the assessment year 1987 -88 i.e. ITA No. 2637/Ahd/2004 was partly allowed and the appeal for the Assessment Year 1988 -89 i.e. ITA No. 2638/Ahd/2004 was dismissed by the Tribunal.

(2.) THE facts of Tax Appeal No. 56 of 2004 are that the assessee had filed its returns for the Assessment Year 1987 -88. The return submitted by the assessee under the Amnesty Scheme were accepted under Section 143(1) of the Income -tax Act. The returns for Assessment Years 1984 -85, 1985 -86 and 1986 -87 submitted under the Amnesty Scheme had also been accepted vide order dated 27.10.1987. The returns for Assessment Years 1987 -88 and 1988 -89 were submitted in the normal course. The assessee declared income of Rs. 1,11,110 in Assessment Year 1987 -88 and also disclosed net agricultural income of Rs. 99,600/ -. The return of income was also accepted vide order dated 143(1) dated 09.03.1988. The return of income for Assessment Year 1988 -89 was filed declaring total income of Rs. 1,93,940/ - in which agriculture income of Rs. 87,500 had also been declared. The said return of income was accepted vide order under Section 143(1) dated 22.11.1988.

(3.) WHILE admitting Tax Appeal No. 56 of 2004, the Court had formulated the following substantial questions of law: - -