BANARSI DASS SETH Vs. COMMISSIONER OF INCOME-TAX

JUDGEMENT

(1.) THIS order will dispose of I. T. C. No. 57 of 1975 and I. T. C. No. 58 of 1975.

(2.) THE brief relevant facts are that the assesssee in the course of the original assessment proceedings did not disclose that he had constructed four more floors to the already existing multi-storeyed building at P-11, New Howrah Bridge Approach Road, Calcutta. Later on, when the ITO came to know of this fact in the course of proceedings for the assessment year 1961-62, he reopened the assessments for 1958-59 and 1959-60, under Section 147 of the I. T. Act, 1961 (hereinafter referred to as "the Act" ). In the said assessment proceedings, the ITO added a sum of Rs. 30,000, on account of income from these four floors of the multi-storeyed building, which, according to the assessee, were meant for' own occupation. The addition was upheld by the AAC in appeal and also by the Income-tax Appellate Tribunal, "c" Bench, Calcutta. The Appellate Tribunal while holding that the reopening of the assessment under Section 147 (a) of the Act was justified, directed the AAC to make proper enquiries and determine whether the construction of these floors had been completed and these floors were fit for occupation and to decide whether any addition can be made on account of income from these floors. The assessee made a reference application to the Appellate Tribunal with a prayer that the following common question of law be referred to the High Court at Calcutta for its opinion : "whether, on the facts and in the circumstances of the case, the proceedings under Section 147 of the Act, 1961, could be initiated at all ?"

(3.) THE Tribunal having refused the prayer, the assessee has approached this court for issuing necessary directions in this regard.