COMMISSIONER OF INCOME TAX Vs. SURESHCHAND MITTAL

JUDGEMENT

(1.) THE aforesaid miscellaneous civil cases contain common question of facts and law and thus were heard analogously and are being disposed of by this common order.

(2.) BY these four applications under Section 256(2) of the Income -tax Act, 1961 (for short, 'the Act'), the Department seeks a direction to the Income -tax Appellate Tribunal, Indore, to state the cases and refer to this court the following common question, said to be of law, arising out of the consolidated order dated May 29, 1992, of the Tribunal passed in I.T.A. Nos. 673 to 676/Ind. of 1990 and its refusal to make reference by the order dated February 16, 1993, passed in R. A. Nos. 158 to 161/Ind of 1992 relating to the assessment years 1983 -84 to 1986 -87 :

(3.) TO place the record straight it may be stated here that originally the assessment for the assessment year 1983 -84 was completed on December 17, 1986, while for the years 1984 -85 it was completed on March 26, 1987, at nil income. The return for the year 1986 -87 was filed on June 30, 1986, declaring loss of Rs. 1,95,575. However, in the meantime, a search was conducted on June 29, 1985, and on the basis of evidence collected in the search, an order under Section 132(5) was passed making addition to the tune of Rs. 10,56,012 on account of various unexplained investments. The Assessing Officer carried out further investigations and collected more information. Consequent upon the information, the assessee was asked by the Assessing Officer to furnish evidence on the points raised in the order under Section 132(5). In consequence of these queries, the assessee filed revised returns of income on March 11,1988, for the aforesaid assessment years offering additional income whereupon the Assessing Officer accepting the additional income as disclosed by the assessee made reassessment on March 25, 1988, as follows ; (Rs.) 1983 -84 30,050 1984 -85 28,145 1985 -86 55,169 1986 -87 49,270