NAMAN KUMAR Vs. THE COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN all these three Income Tax References, following questions of law have been referred to this Court for adjudication:

(2.) THE reference pertains to assessment years 1985 -86, 1986 -87 and 1988 -89 to 1991 -92. The assessee as individual having property income was assessed to income tax for the assessment years 1985 -86, 1986 -87 and 1988 -89 to 1991 -92. The assessment for all the six years was framed separately by the Assessing Officer (hereinafter referred to as, the AO) vide assessment orders (Annexures A -1 to A -6). A joint appeal was preferred by the assessee for the assessment years 1985 -86 and 1986 -87 before the Deputy Commissioner of Income Tax (Appeals) Range, Chandigarh [hereinafter referred to as, the DCIT(A)] wherein order was pronounced on 19.11.1992 (Annexure B -1). On the other hand, for the assessment years 1987 -88, 1988 -89, 1990 -91 and 1991 -92, a joint appeal was preferred by the assessee before the Commissioner of Income Tax (Appeals), Chandigarh [hereinafter referred to as, the CIT(A)] wherein order was pronounced on 1.6.1992 (Annexure B -2). Appeals preferred by the assessee for all the six assessment years were decided by the Income Tax Appellate Tribunal, Chandigarh Bench (hereinafter referred to as, the Tribunal) vide a consolidated order (Annexure C).

(3.) THE first question is as to whether it was a case of income escaping assessment and, therefore, re -assessment, under Section 148 of the Act, was required or not?