9911796707
TMI Blog1947 (4) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) of the Indian Income Tax Act. The question referred for the opinion of this Court is the following :-"Whether in the circumstances of the case, the Bench had the power in law to order the resumption of the assessment proceedings from the stage indicated in the Bench's order." The facts are the following :- The assessees are the agents of the Standard Vacuum Oil Company, Limited, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich they relied to support the return they had made. Apparently the enquiry continued. On the 20th December, 1943, the assessees wrote the Income Tax Officer stating that they did not received any extra payments or amounts for crude oil or kerosene oil over and above the company rates from four named customers, and the letter adds, "we do not wish that the above persons shall be summoned and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 was reduced to ₹ 30,000. The assessees appealed to the Income Tax Appellate Tribunal. In its order the Tribunal expressed that it did not approve of the addition; there was no material indisputably to come to the conclusion that the appellants accounts were not reliable; the orders of the Income Tax Officer and the Appellate Assistant Commissioner were cancelled and a direction was given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 33 of the Indian Income Tax Act. That sub-section provides that "the Appellate Tribunal may, after giving both parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit." The jurisdiction or powers of the Appellate Assistant Commissioner in appeals carried to him are given in sub-section (3) of Section 31 of the Act. These powers are to confir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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