NENMAL CHAMPALAL SHAH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY this reference under S. 256(1) of the IT Act, 1961, the Tribunal has referred the following question of law to this Court for opinion at the instance of the assessee.

(2.) NONE appears for the assessee. The matter was on board from time to time and on every occasion, the case was adjourned to enable the assessee to appear and argue the case if he is interested in pursuing the same. Despite that, none appeared.

(3.) WE have carefully considered the submissions of Mr. Desai. There is no dispute about the fact that the entire assessment in this case were set aside by the AAC with a direction to make assessments de novo after making such other enquiries as may be deemed necessary for that purpose. That being so, the ITO has the same powers in making the fresh assessments as he had originally when making an assessment under S. 143(3) of the Act.