TMI Blog1994 (11) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... This is a petition under section 256(2) of the Income-tax Act, 1961. The assessment year is 1982-83. The assessee is a public limited company engaged in the business of conducting kuries. The original assessment was completed on September 9, 1982. Subsequently, a notice under section 148 of the Income-tax Act was issued to the assessee on March 27, 1985. According to the Income-tax Officer, an amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up the matter in appeal without success. In second appeal, the Tribunal held against the departmental action taken by the Income-tax Officer for reassessment. Thereupon the Department filed an application under section 256(1) of the Act before the Appellate Tribunal to refer the following questions to this court : " 1. Whether, on the facts and in the circumstances of the case :-- (i) the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order) the decision of the Supreme Court in Indian and Eastern Newspaper Society [1979] 119 ITR 996 has application to the facts of the case ? 2. Whether, on the facts and in the circumstances of the case and on an interpretation of section 41(1) of the Income-tax Act read with Motilal Ambaidas v. CIT [1977] 108 ITR 136 (Guj) and CIT v. Marikar (Motors) Ltd. [1981] 129 ITR 1 (Ker), the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned assessment year', no benefit had accrued to the assessee in the relevant previous year in respect of these sums....' ? " The Tribunal by its order dated June 22, 1993, rejected that application. Hence this original petition. The Income-tax Officer passed the final order of assessment in relation to the assessment year 1982-83 on September 9, 1982. The income was determined at Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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