1980 (10) TMI 22

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..... of 1975. The brief relevant facts are that the assessee in the course of the original assessment proceedings did not disclose that he had constructed four more floors to the already existing multi-storeyed building at P-II, New Howrah Bridge Approach Road, Calcutta. Later on, when the ITO came to know of this fact in the course of proceedings for the assessment year 1961-62, he reopened the ass .....

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..... ssessee made a reference application to the Appellate Tribunal with a prayer that the following common question of law be referred to the High. Court at Calcutta for its opinion : " Whether, on the facts and in the circumstances of the case, the proceedings under section 147 of the Act, 1961, could be initiated at all ?" The Tribunal having refused the prayer, the assessee has approached this .....

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..... nded that even though the addition of Rs. 30,000 was made in the assessment proceedings for 1961-62 for the income from the said floors, yet there was no material to hold that the said floors had been completely constructed and were ready for occupation during the assessment year 1958-59. It has thus been contended that if assessment proceedings are reopened without there being any material, the i .....

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