COMMISSIONER OF INCOME-TAX Vs. GAEKWAD

JUDGEMENT

(1.) THE following question, identically worded in both the references, has been referred for the opinion of this court by the Income -tax Appellate Tribunal under Section 256(2) of the Income -tax Act, 1961 ('the Act'), at the instance of the Commissioner of Income -tax, Baroda :

(2.) THE assessment years are 1980 -81, 1981 -82, 1982 -83 and 1984 -85 in Income -tax Reference No. 42 of 1993 and 1979 -80 in Income -tax Reference No. 335 of 1993.

(3.) IT is common ground between the parties that, in the impugned orders of the Tribunal, the Tribunal has not assigned any independent reasons, but merely followed its own order dated March 7, 1988, rendered in the case of the assessee for the assessment year 1977 -78. As requested by learned senior standing counsel, the papers of Income -tax Application No. 36 of 1989 have been called for to ascertain the position of the issue for the assessment year 1977 -78. It appears that though the court has issued directions to refer the question relatable to the property in question, either no reference has in fact been made or the same stands disposed of. Neither side is in a position to categorically state one way or the other. In the circumstances, with the consent of the learned advocates appearing on behalf of the Revenue and the assessee, a copy of the Tribunal's order for the assessment years 1977 -78 and 1978 -79 dated March 7, 1988, has been taken on record.