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TMI Blog2001 (7) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... ction to the Income-tax Appellate Tribunal, Delhi Bench, Delhi, to draw up a statement of the case and to refer the fallowing two questions of law for opinion to this court : "(1) Whether, on the facts and circumstances of the case, the Incometax Appellate Tribunal was correct in law in holding that the assessment orders in relation to the assessment years 1980-81 to 1986-87 are clearly beyond th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also available for assessment beyond November 5, 1991 ?" We have heard Sri A. N. Mahajan, learned counsel appearing for the Commissioner of Income-tax, and Sri Rajesh Kumar, learned counsel appearing on behalf of the assessee-opposite party. Briefly stated the facts giving rise to the present application are that for the assessment year 1980-81 the assessment order was passed under section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arty, the Tribunal vide order dated March 5, 1997, had allowed the appeal and had set aside the assessment order on the ground that it had been passed beyond the period of limitation prescribed for making the assessment for the assessment year in question. The Tribunal also declined to refer the questions of law proposed by the Commissioner of Income-tax for the opinion to this court. It is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... According to learned counsel for the applicant the period commencing from january 1, 1990, till August 6, 1991, is liable to be excluded and if the aforesaid period is excluded then the assessment made was well within the period of limitation. Learned counsel for the assessee-opposite party, however, submitted that the date on which the order passed by the Settlement Commission rejecting the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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