TMI Blog1999 (9) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... 7/2/68-TPL, dated January 11, 1971, issued by the Central Board of Direct Taxes and in which circular the extent of its application is not specified is applicable to reassessments in respect of the assessment years 1965-66, 1966-67 and 1967-68, even though such reassessments were made only after the aforesaid date of January 11, 1971?" The Tribunal refused to refer the second question sought to be referred by the assessee. Therefore, the assessee filed compelling reference 0.P. Nos. 4241, 4277 and 4240 of 1977 before this court. Pursuant to the direction issued by this court, the second question was also referred by the Tribunal. This is the question that is arising in I.T.R. No. 130 of 1979. The question reads as follows: "Whether, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is vitiated by a mistake. It was then observed that it is open to the petitioner to file an appeal and that was the only remedy. Civil Appeals Nos.1121, 1316 and 1317 of 1980, before the Supreme Court were from the judgment in I.T.R. Nos.143, 141 and 142 of 1977. Civil Appeal No. 8241 of 1983 arose out of the judgment in I.T.R. No.130 of 1979. The above civil appeals were allowed by the Supreme Court under a common order. After referring to the contentions raised by the appellants on both the questions, the Supreme Court held as follows: "In view of the fact that the High Court has not considered question No.2 on the merits we think it appropriate that these matters should go back for reconsideration by the High Court. Question No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . CIT [1981] 132 ITR 559 (SC). Under these circumstances, we do not find any reason to deviate from the view taken in the above mentioned two Bench decisions of this court. The only question that is left open for our consideration as per order of the Supreme Court is the one arising in I.T.R. No.130 of 1979. We answer the question in the affirmative, in favour of the Revenue and against the assessee. The common question that arises in I.T.R. Nos.141 to 143 of 1977 is not left open by the Supreme Court for our consideration. We therefore follow the decision of this court dated October 25, 1979, in the above income-tax references and answer the question in the affirmative, that is, in favour of the Revenue and against the assessee. A copy ..... X X X X Extracts X X X X X X X X Extracts X X X X
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