COMMISSIONER OF INCOME TAX Vs. DHARIWAL SALES ENTERPRISES

JUDGEMENT

(1.) THIS is an income-tax reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the I. T. Act"), at the instance of the Revenue and the following questions of law have been referred by the Tribunal for answer of this court, which read as under :

(2.) THE brief facts giving rise to this reference are thus : THE assessee is a firm. THE assessment year in question is 1978-79, the relevant previous year being Diwali, 1977. THE original assessment for the said assessment year was completed on September 24, 1981, under Section 143(3) read with Section 144B of the Income-tax Act. Against this assessment order, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals), Jabalpur, who set aside the order passed by the Income-tax Officer and directed the Income-tax Officer to make the assessment de novo.

(3.) AGGRIEVED against the said order of the Commissioner of Income-tax (Appeals), the assessee approached the Tribunal and the Tribunal after considering the matter, found that the assessment made by the Income-tax Officer on September 3, 1985, was barred by time and hence, the Tribunal reversed the findings of the Commissioner of Income-tax (Appeals) and cancelled the order of the Income-tax Officer being barred by time. Hence, the Revenue approached the Tribunal for making a reference before this court and the Tribunal has referred the aforesaid questions of law for answer of this court.