9911796707
TMI Blog1994 (1) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... e are two connected applications under section 256(2) of the Income-tax Act, 1961 (for short, " the Act ") filed at the instance of the Revenue against a common order passed by the Income-tax Appellate Tribunal in respect of the assessment years 1984-85 and 1985-86. A common question proposed in these applications is as under : " Whether, in the circumstances of the case, the Income-tax Appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch as, the Income-tax Officer had completed the assessments without making " proper enquiries ". On appeal, the order passed by the Commissioner of Income-tax did not find favour with the Income-tax Appellate Tribunal. Having heard learned counsel for the parties, we are of the opinion that the order of the Income-tax Appellate Tribunal does not give rise to any stateable question of law. In set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax. That apart, the Income-tax Appellate Tribunal also examined the impugned order of the Commissioner of Income-tax on the merits and found that it was not sustainable on consideration of the material that existed on the record. In doing so, it recorded a finding that the enquiry contemplated by the Commissioner in his order setting aside the assessment orders had already been made by the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar saying that no reference application could be made in view of the policy decision of the Central Board of Direct Taxes not to file references in the cases where the tax effect was less than Rs. 30,000 per year, contained in its Circular F. No. 279/26 of 1983-ITJ, dated July 12, 1984, and Circular F. No. 319/11 of 1987-WT dated July 14, 1987. For that reason also, these two applications are liab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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