TMI Blog1976 (7) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax Appellate Tribunal, Delhi Bench " A " has referred the following two questions for the opinion of this court " 1. Whether, on the facts and in the circumstances of the case, the assessment for the year 1950-51 made on February 28, 1959, was barred by time ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that there was no c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling upon the assessee to explain the nature of the receipt of Rs. 1 lakh received by him on or about 24th July, 1949, from her Highness Maharani Gambhir Kumari of Nepal. On 20th September, 1955, the assessment was completed and the amount of Rs. 1 lakh was included as the assessee's income. Appeal filed before the Appellate Assistant Commissioner of Income-tax failed, but, on further appeal to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act which were initiated by notice under section 28(3) on September 20, 1955. The department thereafter filed an appeal to the Tribunal. The Tribunal upheld the findings of the Appellate Assistant Commissioner that the assessment was time-barred, that the assessee had disclosed all the material facts for making the assessment and the only suppression that the assessee had made was in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded by the Tribunal after considering the relevant materials and the counsel for the department has failed to point out to us any irrelevant material considered by the Tribunal which would vitiate its finding. We accordingly answer both the questions in the affirmative, against the department and in favour of the assessee. The assessee is entitled to its costs. Counsel's fee is assessed at ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
