COMMISSIONER OF INCOME-TAX Vs. MANGILAL DIDWANIA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE application has been moved under Section 256(2) of the Income -tax Act, 1961, by the Revenue seeking a direction to the Tribunal to state the case and refer the following question as question of law arising from the order dated May 26, 1997, of the Tribunal passed in I. T. A. No. 1343/JP/95 relating to the assessment year 1990 -91: Whether, on the facts and in the circumstances of the case, the hon'ble Income -tax Appellate Tribunal was justified in law in quashing the order under Section 263 of the Income -tax Act passed by the Commissioner of Income -tax ?

(3.) ON this finding, he held that the assessment made under Section 143(3) by the Assessing Officer on December 30, 1992, is erroneous and prejudicial to the interests of the Revenue and, therefore, the same was set aside with a direction to the Assessing Officer to make a fresh assessment order after enquiry.