1989 (10) TMI 48

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..... , the Incometax Appellate Tribunal 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 Tribunal was right in law in holding that the reopening of the assessment under section 147(b) of the Income-tax Act, 1961, is not valid and that the opinion or advice of the Law Ministry cannot be considered to co .....

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..... reopening of the assessment was bad in view of the decision of the Supreme Court in Indian and Eastern Newspaper Society v. CIT [1979] 119 ITR 996. He also held that the subsidy amount received was only agricultural income and that it cannot be brought to tax under the Income-tax Act. The Appellate Tribunal confirmed the findings of the Commissioner of Income-tax (Appeals) regarding the validity .....

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..... urely academic to give an answer on question NO. 1, as to whether the reopening of the assessment under section 147(b), of the Act is valid. We decline to answer question No. 1 in the above circumstances. A copy of this judgment under the seal of this court and the signature of the Registrar shall be forwarded to the Income-tax Appellate Tribunal, Cochin Bench.
Case laws, Decisions, Judgement .....

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