SHYAM SUNDAR GUPTA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is an IT reference made by the Tribunal (ITAT) under Section 256 (1) of the IT Act at the instance of assessee in RA No. 117/ind/1992 which arises out of the Order of Tribunal dt. 6th Oct. , 1992, passed in ITA No. 640/ind/l990 to answer the following question of law said to arise out of the aforementioned Order passed by the Tribunal in appeal, filed by the assessee :

(2.) IN Order to answer the question referred, few relevant facts need mention as are stated by the Tribunal in the statement of case drawn while referring the question to this Court,

(3.) THE assessee is an individual for the year 1985-86, he filed his return. His returned income was accepted by framing an assessment Order under Section 143 (1) on 9th Dec. , 1986, at Rs. 13,630. Later, the AO served notice under Section 143 (2) (b) on the assessee on 30th March, 1988, and since assessee did not co-operate despite notice, the AO determined the income at Rs. 3,35,000. The assessee filed an appeal to CIT (A) but did not succeed as his appeal was dismissed (Annex. B ). He then filed second appeal to Tribunal which too was dismissed, giving rise to making of this reference to this Court on the question, referred supra.