COMMISSIONER OF INCOME TAX Vs. JAWAHARLAL NAGPAL LATE

JUDGEMENT

(1.) BY this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, has referred the following questions of law to this court for its opinion :

(2.) THE material facts giving rise to this reference, briefly, are as follows:

(3.) LEARNED counsel for the Revenue contended that once the matter was remanded to the Income-tax Officer for making a fresh assessment, it was open to the Income-tax Officer to consider the entire matter afresh and make new additions based on new sources of income. Reliance was placed on the decision in CIT v. Seth Manicklal Fomra [1975] 99 ITR 470 (Mad). In reply, it was contended on behalf of the assessee that the power of the Income-tax Officer was confined to the old sources of income which were the subject-matter of appeal before the Appellate Assistant Commissioner.