1988 (7) TMI 35

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..... d to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, has referred the following questions of law to this court for its opinion : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in its finding that the Income-tax Officer rightly invoked the provisions of section 144B of the Income-tax Act, 1961 ? (2) And if the answer to questio .....

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..... me-tax Officer, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals) who dismissed the appeal. On further appeal before the Tribunal, the assessee was allowed to raise the following ground of appeal. "That the assessment is void ab initio because the variation in the income/loss proposed in the draft order, did not exceed Rs. one lakh and, therefore, the provisions o .....

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..... me and the Income-tax Officer rightly invoked the provisions of section 144B of the Act. Hence, the ground raised is rejected." Aggrieved by the order passed by the Tribunal, the assessee sought reference and it is at the instance of the assessee that the aforesaid questions of law have been referred to this court for its opinion. Having heard learned counsel for the parties, we have come to .....

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