9911796707
TMI Blog1979 (6) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... st. yr. 1961-62 but the assessment was completed on a total income of Rs. 1,04,107. The additions included disallowance of expenditure amounting to Rs. 35,532, addition to the trading account in the sum of Rs. 41,407 and addition of cash credits of Rs. 8,500 as income from undisclosed sources which was reduced to Rs. 4,500 on appeal. On a reference to the IAC it was held by him that this addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T Act, 1961," was referred to the Hon'ble High Court at Gauhati. By its order dt. 6th March, 1969, the Hon'ble High Court has answered the question in the negative and against the assessee. 3. The assessee had moved an application on 14th Dec.,1977 stating that the Tribunal had not disposed of the appeal on merits and, therefore, while passing an order under s. 260(1), a hearing should be given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee that the merits of the case had not been dealt with earlier. We, therefore, heard both the sides on the merits of the case. 4. While passing a fresh order conformably with the judgement of the Hon'ble High Court we are bound to consider the merits of the case as well. Though the preliminary issue has been decided against the assessee, we find that the merits of the case have to be decided in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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