COMMISSIONER OF INCOME TAX Vs. ASHOK KUMAR JAIN

JUDGEMENT

(1.) HEARD Shri R. L. Jain, learned counsel for applicant (Revenue), and Shri Anand Soni with Shri R. C. Mehra, learned counsel for non-applicant, assessee.

(2.) THIS is an application made by the Revenue, praying for review of the order dated March 6, 1996, passed by a Division Bench of this court in M. C. C. No. 18 of 1992, on a reference made under, Section 256(1) of the Income-tax Act, 1961.

(3.) NOTICE under Section 148 ibid was served on September 29, 1983, on the assessee. The original assessment was completed on July 30, 1985. Obviously, therefore, the assessment in question was made prior to the amendment of Section 153(2) ibid. The present provision of Section 153(2) ibid could not, therefore, be taken into consideration while answering the reference. It appears that this position regarding amendment escaped the notice of the court and was also not brought to the court's notice by learned counsel appearing for the parties. The mistake is, therefore, apparent on the face of the record, necessitating review of the order.