2001 (3) TMI 57

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..... see under section 256(1) of the Income-tax Act, 1961 (for short "the Act"), by the Income-tax Appellate Tribunal, Delhi Bench "C" (in short "the Tribunal"), and the following common question has been referred for the opinion of this court: "Whether, on the facts and circumstances of the case, the Inspecting Assistant Commissioner during the proceedings under section 144B(4) was right in refusing .....

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..... ed a finding against the assessee. An appeal was preferred before the Tribunal questioning the correctness of the addition maintained by the Commissioner of Income-tax (Appeals). It is to be noted that since the variation between the income returned and the income assessed was more than Rs. 1 lakh, the Income-tax Officer had referred the matter to the Inspecting Assistant Commissioner (in short "t .....

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..... he question whether in a proceeding under section 144B(4) there was any fetter on the Inspecting Assistant Commissioner to admit fresh evidence. On being moved for reference, the question as set out above, has been referred for opinion. We have heard learned counsel for the parties. So far as the question whether the Inspecting Assistant Commissioner was justified in refusing to entertain the fr .....

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