RASHID OOMER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The following question, at the instance of the Commissioner Income-tax, has been referred by Income Tax Appellate Tribunal, Ahmedabad Bench 'B' under Section 256(1) of the Income Tax Act, 1961 (the Act):

(2.) The Assessment Year is 1979-1980. Consequent upon the addition made in the assessment for the Assessment Year in question, the Assessing Officer made an order under Section 104 of the Act levying additional tax of Rs.3,92,510/-. The Commissioner (Appeals) deleted the addition. In revenue's second appeal the Tribunal, following its own order in quantum appeal, confirmed the order made by the Commissioner (Appeals) holding that distributable income would be NIL. The Tribunal has made the reference only because a reference had been made against the order made in quantum appeal.

(3.) Heard the learned advocates appearing for the applicant and the revenue. They accepted the fact that this reference is consequential to the reference at the instance of the Revenue for A.Y. 1979-80 being I.T.R. No.235 of 1995.