1988 (1) TMI 34

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..... ing question to this court for its opinion under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as " the Act ") : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the reference made by the Income-tax Officer to the Inspecting Assistant Commissioner under section 144B was valid and the assessment made by the Income-tax Offic .....

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..... consequently, the reference itself was not proper. This being so, the assessment made on April 23, 1979, was barred by time. The plea raised in this behalf on behalf of the assessee, however, did not find favour with the Tribunal in its second appellate order. The Tribunal has accepted the case of the Department that the Income-tax Officer, while preparing the draft, had made a bona fide mistake .....

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