TMI Blog1981 (7) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... he I.T. Act, 1961. The question of law referred is as follows : " On the facts and in the circumstances of the case, when an assessee is found eligible for relief under section 80J of the Income-tax Act in respect of an assessment year whether the Income-tax Officer is competent to disallow the same for any or all the four subsequent years ? " For the assessment year 1973-74, the assessee wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew was taken by the Tribunal in further appeal. Both these authorities were of opinion that it was not open to the ITO to take a different view for the assessment years 1974-75 and 1975-76. It is contended by the learned counsel for the department that the principle of res judicata has no application to proceedings under the I.T. Act and the findings reached for one particular assessment year ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt proceedings for the years 1974-75 and 1975-76, to show that the finding reached by the ITO in the assessment proceedings for the year 1973-74, that the assessee had installed new plant and machinery and had constructed a new building, was in any way erroneous. As earlier pointed out by us, the ITO, in granting the relief for the year 1973-74, had relied upon the decision of the Calcutta High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relief under that section has already been granted to the assessee for the years 1976-77 and 1977-78. For the reason given above, we answer the question as follows " On the facts and in the circumstances of the case, the Incometax Officer was not competent to disallow the relief under section 80J for the assessment years 1974-75 and 1975-76. " There will be no order as to costs of this appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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