9911796707
TMI Blog1979 (9) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... declined to refer any of the question as in its opinion no question of law arises out of its said order. The three questions of law proposed by the assessee are as under : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessment made by the Income-tax Officer under the provisions of section 147 was not covered by clause (a) of sub-section (2) of section 263 of the Income-tax Act, 1961, and consequently, the Commissioner was not precluded from revising the assessment order under section 263 ? 2. Whether, in view of the facts and circumstances of the case, the Tribunal was legally right in holding that the assessment order passed by the Income-tax Officer was 'erroneous' as c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income-tax Act, 1961 (hereinafter referred to as " the Act "). Along with that application, he filed an affidavit dated 19th June, 1974, deposing therein that he had no immovable property nor any bank account anywhere in India and he had maintained himself since his arrival in India on 27th September, 1970, on the income of his inherited lands, situated at his village Adhi. After the receipt of the application, spot enquiries were made by the inspector of income-tax which revealed that the assessee had acquired agricultural land at two places and had also invested money on the renovation of his residential house. Meanwhile, the assessee filed another affidavit dated 31st July, 1974, in which he disclosed the purchase of approximately ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th November, 1974. Subsequently, the CIT by invoking the provisions of s. 263 started proceedings thereunder against the assessee. Ultimately, the CIT set aside the order of the ITO and remanded the case for fresh decision. In appeal before the Appellate Tribunal, it was contended by the assessee that is the proceedings in this case had been started with reference to s. 147, this was a case of reassessment made under that section, and, therefore, in view of cl. (a) of sub-s. (2) s. 263 of the Act, no order could be made against him. The other contentions giving rise to the other two questions were also made, but we are not concerned here with the same, as we are only proposing the reference of question No. 1 to this court. However, the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Before parting it may be made clear that the learned counsel for the assessee while arguing on question No. 3, was apprehensive that certain observations and the conclusions of the CIT after setting aside the order of the ITO and remanding the case to him, with the directions that the ITO should frame fresh assessment after giving a reasonable opportunity to the assessee to explain his case, may not be used against him while deciding the matter by the ITO. We think these apprehensions are without any basis. However, it is made clear that any observations made by the CIT are only limited to the order passed by him and will not be used against the assessee by the ITO while deciding the matter afresh. With these observations, we decline the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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