1982 (9) TMI 51

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..... "the Act "), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessment order passed by the ITO on August 23, 1978, was barred by limitation? " The material facts giving rise to this reference briefly are as f .....

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..... assessee from the land was Rs. 36,000 as against Rs. 25,000 worked out by the ITO. On further appeal before the Tribunal, it was contended on behalf of the assessee that the order of assessment passed by the ITO on August 23, 1978, was void as it was barred by limitation. The Tribunal upheld this contention and allowed the appeal. Aggrieved by the order passed by the Tribunal, the Department sough .....

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..... rder that the provisions of s. 144B(1) of the Act may be attracted, it is necessary that variation in income or loss return should exceed the amount fixed by the Board. The Tribunal was, therefore, justified in holding that the provisions of s. 144B of the Act were not attracted and hence the extended period of limitation provided by cl. (iv) of Expln. 1 to s. 153 of the Act was not available. As .....

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