9911796707
TMI Blog1996 (4) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... tions under section 256(2) of the Income-tax Act, 1961 (for short, " the Act "), seeking a direction to the Income-tax Appellate Tribunal, Indore, to state the case and refer the undernoted questions said to be of law to this court arising out of its common order dated February 28, 1992, passed in I. T. A. Nos. 624 to 627/Ind. of 1990, and the order of refusal to refer the case passed on November ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd residential premises of the assessee was conducted by the Department on 21st and 22nd January, 1986. During the course of the search, a diary was seized which contained certain entries showing substantial investment in the business of scooters, mopeds, 3 wheelers, shares, lands and money-lending in the name of the assessee as well as other family members and relatives. The Assessing Officer, af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Deputy Commissioner of Income-tax (Appeals), who, however, confirmed the action of the Assessing Officer by a consolidated order dated March 28, 1990, dismissing the appeals of the assessee. The assessee as well as the Department then went in appeal to the Tribunal. The Tribunal by its common order dated February 28, 1992, dismissed the Department's appeals but allowed the appeals of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... questions of law arise therefrom. As against it, it was contended by Shri Vyas, learned counsel for the applicant-Department, that the decision of the Income-tax Appellate Tribunal is not based on appreciation of relevant facts, as the assessee himself had furnished returns of income on March 31, 1986, for the relevant assessment years wherein he had declared higher income. All these returns, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e facts and in the circumstances of the case, the Tribunal was justified in law in holding that the returns filed by the assessee were under the Amnesty Scheme ? " Accordingly, the applications under section 256(2) are allowed and the Tribunal is directed to state the case and refer the questions as noted in the preceding paragraph for the opinion of this court. However, no order is made as to co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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