SHYAM ELECTRIC WORKS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is an IT Reference made by the Tribunal at the instance of assessee under Section 256 (1) of the IT Act in RA No. 77/ind/1991, arising out of an order dt. 31st Jan. , 1991, passed by Tribunal in ITA No. 578/ind/1987 to answer following questions of law :

(2.) WHETHER, in the facts and circumstances of the case, the CIT (A) would impliedly be deemed to have exercised his powers Under the proviso to Section 249 (4) of the IT Act. and exempting the assessee from payment of tax, when he proceeded to dispose of the appeal on merits ?

(3.) WHETHER the Tribunal is correct in law in relying upon the decision under the proviso to Section 30 of the IT Act, 1922, in the instant case, when there is a material difference between the relevant provisions in Section 30 of the 1922 Act and Section 249 (4) of the IT Act, 1961 ?