COMMISSIONER OF INCOME-TAX Vs. NARENDRA NARAYAN BANIK

JUDGEMENT

(1.) ALL these appeals being directed against common orders founded on identical grounds, were taken up for consideration together and are being disposed of by the present common judgment and order.

(2.) THE assessments of the respondent -assessees in each of the appeals were completed by the Assessing Officer under the provisions of Chapter XIV -B of the Income -tax Act, 1961 (hereinafter referred to as 'the Act'). Suo motu proceedings under Section 263 of the Act were initiated by the Commissioner of Income -tax in respect of the aforesaid assessments. While the proceedings were pending the assessees had filed appeals against the assessment orders passed by the primary authority. By different orders the Commissioner of Income -tax interfered with each of the assessment orders in exercise of powers under Section 263 of the Act. Thereafter, the appeals filed by the assessees were closed as infructuous by separate orders passed. Aggrieved, the respondents -assessees instituted Appeals Nos. 2, 3, 9 and 10 (Gau) of 2004 against the orders passed under Section 263 of the Act as well as Appeals Nos. 68 and 69 (Gau) of 2004 against some of the orders disposing of the appeals against the assessment orders as infructuous. In so far as the present appeals are concerned, the court would have to deal with three separate but identical orders, each dated September 15, 2005, passed by the learned Income -tax Appellate Tribunal, Gauhati Bench allowing the appeals filed by the respondents -assessees before the learned Tribunal.

(3.) WE have heard Sri U. Bhuyan, learned standing counsel, the Income -tax Department appearing on behalf of the appellants and Sri D. Senapati and Sri V. K. Bhatra, learned Counsel for the respondents -assessees.