TMI Blog1997 (7) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... ses out of the order passed by the Income-tax Appellate Tribunal, Cochin Bench, in I. T. A. No. 19 (Coch of 1987). The relevant assessment year is 1982-83. The following are the questions referred for opinion of this court : "1. Whether, on the facts and in the circumstances of the case, (a) the Tribunal is justified in cancelling the assessment? (b) the Tribunal is right in deleting the add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment ex parte estimating the income of Rs. 6,00,000. Since there was no response to this letter also, the Income-tax Officer completed the assessment under section 144 estimating the income at Rs. 6,00,000. On appeal, the Commissioner of Income-tax (Appeals) confirmed the order of the Income-tax Officer. The assessee filed a second appeal before the Tribunal. Before the Tribunal, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eference to the undisclosed personal expenditure for which any income could be sustained". The Tribunal, therefore, annulled the assessment. Learned standing counsel for the applicant contended that the Tribunal has committed an error in annulling the assessment. Relying on a decision of the Supreme Court in CIT v. Segu Buchiah Setty [1970] 77 ITR 539, learned counsel submitted that the Income-t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wealth-tax assessment for the year 1981-82 and the wealth-tax return filed for the year 1982-83. The assessee had also contended that his power of attorney holder had responded to various notices and he had filed a reply on August 24, 1984, requesting for one month's time. A copy of the letter referred to above is annexure-D. In the above letter, the power of attorney holder has stated that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity and remitted the matter to the assessing authority for fresh consideration. We, therefore, answer question No. 1(a) in the negative, in favour of the Revenue and against the assessee. Question No. 1(b) is answered in the negative, in favour of the Revenue and against the assessee. Question No. 2 is also answered in the affirmative, in favour of the Revenue and against the assessee. A copy o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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