TMI Blog1987 (2) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... o as " the Act "), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion: " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that while directing the Income-tax Officer to make a fresh assessment, the Appellate Assistant Commissioner was within his jurisdiction to direct the Income-ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot thoroughly examine the transactions between General Trading Co , Lalchand Co., and the assessee firm, before coming to the conclusion as to whether M/s. Lalchand Co. was or was not a benami business of the assessee. The Appellate Assistant Commissioner also found that certain payments made by the appellant firm to General Trading Co. and Lalchand Co. were not by means of crossed cheques a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f section 40A(3) of the Act and in ordering investigation into the transactions between Lalchand Co. and M/s. General Trading Co. The Tribunal, therefore, dismissed the appeal. Aggrieved by the order passed by the Tribunal, the assessee submitted an application for making a reference and it is at the instance of the assessee that the aforesaid question of law has been referred to this court for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the Income-tax Officer had failed to examine that aspect of the matter, the Appellate Assistant Commissioner had directed him to do so. In these circumstances, the Tribunal, in our opinion, was justified in holding that the Appellate Assistant Commissioner had not exceeded his jurisdiction in passing the remand order in question. Our answer to the question referred to this court is, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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