COMMISSIONER OF INCOME TAX Vs. JAYANTILAL D. PATEL

JUDGEMENT

(1.) THE Income Tax Appellate Tribunal, Ahmedabad Bench SA has referred the following two questions under Section 256(1) of the Income Tax Act, 1961 (the Act) at the instance of Commissioner of Income Tax.

(2.) THE assessment year is 1983 -84 and the corresponding accounting period is Samvat Year 2038.

(3.) AS can be seen seen from the impugned order dated 26th September, 1991 passed by the Tribunal, the Tribunal has merely followed its earlier decision in assessee's own case for assessment years 1979 -80 to 1982 -83. The aforesaid order of the Tribunal had been carried before this Court by way of Income Tax Reference No.212 of 1995, which has been decided by judgment and order of even date and the issue has been concluded in favour of the assessee and against the revenue. In the circumstances, it is not necessary to set out the facts and contentions in detail.