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TMI Blog1997 (12) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... der section 256(2) of the Income-tax Act, 1961. These questions are as under : "1. Whether the Tribunal is right in law and on facts in holding that the assessment order had merged with the appellate order and, therefore, the Commissioner could not invoke the jurisdiction under section 263 of the Act, when the Assessing Officer had not at all considered the amount of Rs. 1,75,000 and the said po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Exim Corporation brought by Shri Premchand who looked after cash of that firm and the rest of the amount of Rs. 15,000 and Rs. 19,000 was of his wife and mother, respectively. The Assessing Officer completed the assessment on March 31, 1983, adding Rs. 34,000 being the amounts that belonged to the wife and the mother of the assessee, in his total income. The Commissioner in exercise of his power u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -tax Officer had proceeded with the matter afresh since there was no stay granted of that order of the Commissioner. The de novo assessment order was made against the assessee, but in the appeal filed by the assessee against that order, the Commissioner (Appeals), by his order dated December 28, 1990, partly allowing the appeal, came to the conclusion that the source of cash of Rs. 1,75,000 had be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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