COMMISSIONER OF INCOME TAX Vs. KRISHNA TEXTILES

JUDGEMENT

(1.) These are two applications under Section 256(2) of the Income-tax Act, 1961, which relate to the assessment years 1979-80 and 1980-81.

(2.) We have heard learned counsel for the Revenue. Despite due notice, the assessee has not put in appearance and none was present for the assessee when the case was heard today. We have gone through the common order passed by the Tribunal giving rise to these applications and have also seen the other orders passed by the relevant authorities.

(3.) The reassessment orders which were framed under Section 147(b) for the above two years were set aside by the Income-tax Appellate Tribunal following its earlier order for the assessment year 1977-78. From the order under Section 256(1), it is evident that for the assessment year 1977-78, the Tribunal itself has granted a reference to this court under the said provision. However, for the disputed years, references have been refused on the ground that for an intervening year, namely, 1978-79, reference was refused by the Tribunal.