BUILDERS UNION Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Cuttack Bench, has drawn up a consolidated statement of case relating to four assessment years, namely, 1971-72, 1972-73, 1973-74 and 1974-75, and has referred the following question of law for the opinion of this court :

(2.) THE assessee is a partnership firm. For the assessment years 1971-72 and 1972-73, assessments were made under Section 143(3) of the Income-tax Act, 1961 (for short "the Act"), raising the amount of taxability on January 29, 1973. On the assessee's appeal, the Appellate Assistant Commissioner confirmed the assessments. On further appeal, the Tribunal by its order dated June 4, 1974, accepted the book results shown by the assessee except for the contract works done at some particular places and remanded the matter to the Income-tax Officer for fresh assessments after examining the claim of the assessee that these works were done through subcontractors. Pursuant to the remand order, the Income-tax Officer made the reassessment on November 20, 1976, for both the assessment years mentioned above and accepted the returned income of the assessee.

(3.) SINCE the point raised by the assessee has no substance either on facts or in law, it must pay costs of these references to the Revenue. Hearing fee is assessed at Rs. 450 (Rupees four hundred and fifty) only.