CHIEF COMMISSIONER Vs. KANHAIYA LAL KAPOOR

JUDGEMENT

(1.) THE Income Tax Appellate Tribunal, Allahabad has referred the following question of law under section 256(1) of the Income Tax Act, 1961, hereinafter referred to as 'the Act', for opinion to this Court. 'Whether on the facts and in the circumstances of the case, the Tribunal was, in law, justified in upholding the decision of the A.A.C. Cancelling the re -opening of assessment under section 147(b) on the basis of the decision of Hon'ble Supreme Court of India in the case of Indian and Eastern Newspaper Society v. CIT : [1979]119ITR996(SC)

(2.) THE Reference relates to the assessment year 1975 -76.

(3.) WE have heard Sri A.N. Mahajan, learned Standing counsel appearing for the revenue. Nobody appears for the respondents.