VISHWANATH SETH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference under Section 256(1) of the Income-tax Act, 1961, by which the following question has been referred to us for our opinion :

(2.) WE have heard Shri Saran Behari Lal Srivastava, learned counsel for the assessee and learned standing counsel for the Department.

(3.) AFTER having heard learned counsel for the parties and having gone through the matter, we are in agreement with the opinion expressed by the Tribunal. Since the matter had been dismissed by the Tribunal on the ground of limitation in our opinion, the order of the Appellate Assistant Commissioner merged in the order of the Tribunal. Hence, in view of the bar under Section 264(4), the order of the Commissioner of Income-tax under Section 264 is null and void.