TMI Blog1987 (4) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act "), were answered against the applicant, M/s. Hasmat Rai Raj Pal. The aforesaid reference related to the assessment year 1960-61. The assertions made in this application are that against a consolidated order passed by the Income-tax Appellate Tribunal for the assessment years 1960-61 and 1961-62, the Revenue had sought two references under section 256(2) of the Act, one for each year. The reference relating to the assessment year 1961-62, being I.T.R. No. 370 of 1980 was decided in the absence of the applicant but in its favour, by a Division Bench of this court, vide its order dated April 8, 1985 ([1985] UPTC 591). It was held in this reference that there was no failure or omission on the part of the assessee to disclose fully a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s assessed in the respective two years were taxed by taking reassessment proceedings with the aid of section 148 of the Act. The Income-tax Appellate Tribunal, while deciding the appeal for the assessment year 1960-61, took the view that the two items of deposits taxed in that year were not liable to be sustained. It gave two reasons for it. Firstly, when action under section 148 was taken, the Indian Income-tax Act of 1922 had been repealed and thus the disputed deposits could be assessed only in accordance with the provisions of the Income-tax Act, 1961. It held, according to the provisions of the latter Act, that the disputed items, being unexplained deposits, which were found recorded in the books of the assessee could only be assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income-tax Appellate Tribunal was not right in entertaining the view that the impugned deposits were taxable in the assessment year 1961-62. This question was not at all the subject-matter of consideration in I.T.R. No. 370 of 1980. Regarding the second question, whether there was failure or omission on the part of the assessee to disclose all, material facts, we have held that there was failure and omission on the part of the assessee within the meaning of section 147(a) of the Act. According to the assessee's own case, it had made disclosure of cash deposits only during the course of assessment proceedings for the assessment year 1961-62. No disclosure of any nature was made in the proceedings relating to the assessment year 1960-6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med the return of Rs. 25,000 on the ground that it had no taxable income in the year 1926-27 while the Revenue's case was that it was liable to payment of the balance amount. Thereupon, a second reference was made to the High Court for its opinion by the Commissioner on his own motion on the following two questions(at p. 5): " (1) Does the judgment delivered by the High Court in Miscellaneous Case No. 671 of 1929 on November 21, 1929 (Ramprasad, In re, AIR 1930 All 389), operate of its own force to require the Income-tax Department to refund the sum of Rs. 25,000 paid by the Tehri Darbar, and to refrain from collecting the balance of Rs. 18,294-14-0 ? (2) if the answer to question (1) is in the negative (a) Is the Tehri Darbar liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no other procedure by which it could be corrected. In Seth Mathuradas v. CIT [1940] 8 ITR 412, a Division Bench of the Nagpur High Court held that an application for a review of the judgment passed in a reference under section 66 of the Indian Income-tax Act, 1922, is not maintainable, for, a Tribunal which determines the questions referred under that section does not operate as a civil court so as to attract the provisions of the Civil Procedure Code. in Emperor v. Kajori Mal Kalyan Das [1930] 4 ITC 60 (All), it has been held that for the reason that this kind of an opinion is not a decree or order, there could be no review of such a judgment. The Calcutta High Court in CIT v. Hungerford Investment Trust Ltd. [1935] 3 ITR 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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