SHARMA B N Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) ON an application by the assessee under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), this court directed the Cuttack Bench of the Income-tax Appellate Tribunal to state a case and refer the following question for the opinion of the court :

(2.) THE assessee is an individual. THE relevant assessment year is 1965-66 corresponding to the previous Rama Navami year ending with April 9, 1965. THE return for the year was filed on December 12, 1966, and assessment was completed on March 13, 1969, determining a total income of Rs. 81,470. THE Income-tax Officer reopened the assessment by issue of a notice under Section 147 of the Act. THE assessee filed a fresh return on April 6, 1971, but stuck to the figures returned originally. On 30th of August, 1971, reassessment was made by the Income-tax Officer and he "directed a proceeding under Section 271(1)(c) of the Act to be initiated.