1992 (6) TMI 15

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..... has referred the following two questions of law for the decision of this court : " 1. Whether, on the facts and in the circumstances of the case, the reassessment under section 147 of the Income-tax Act is valid ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in confirming the order of the Commissioner of Incometax (Appeals) and holding that there wa .....

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..... court in I. T. Rs. Nos. 446 to 451 of 1985 (see [1990] 185 ITR 398 ). The relevant Tribunal Appeals are I. T. As. Nos. 243 to 248/(Coch.) of 1977-78. The Tribunal decided the matter in favour of the assessee. But, in the references, this court held that the Tribunal had failed to pose the proper question from a proper angle or perspective. This court declined to answer the questions referred by t .....

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..... cision in these two cases has become non est. We are of the view that, in so far as the earlier decision relied on by the Tribunal, rendered in I. T. As. Nos. 243 to 248/(Coch) of 1977-78, has been set aside or not accepted by this court in I. T. Rs. Nos. 446 to 451 of 1985 ([1990] 185 ITR 398 ), the appellate order passed by the Tribunal in the present cases cannot be upheld. We decline to answer .....

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