LAWS(ALL)-2005-4-27

COMMISSIONER OF INCOME TAX Vs. RADHEY SHYAM GUPTA

Decided On April 27, 2005
COMMISSIONER OF INCOME TAX Appellant
V/S
RADHEY SHYAM GUPTA Respondents

JUDGEMENT

(1.) The Tribunal, New Delhi, has referred the following questions of law under Section 256(1) of the IT Act, 1961 (hereinafter referred to as "the Act") for opinion of this Court : Whether, on the facts and the circumstances of the case, the Tribunal was correct in holding that the revised return filed by the assessee on 26th March, 1976 was not a valid return ?

(2.) Whether, on the facts and the circumstances of the case, the Tribunal was correct in holding that the assessment framed by the ITO on 24th March, 1977 was barred by limitation as prescribed under Section 153 of IT Act, 1961 ?

(3.) Whether, on the facts and the circumstances of the case, the Tribunal was correct in holding that the assessment made on 24th March, 1979 was invalid in the eye of law ?