Commissioner of Income Tax vs Chet Ram and others

Kirpal, J.—In this petition u/s 256(2) of the Income Tax Act, 1961, the petitioner is seeking reference of two questions of law to this court.

For the view that we are taking, it is not necessary to refer to the facts in any great detail. The assessment year in question is 1969-70. For the earlier assessment year 1967-68, similar questions of law were sought to be raised and by judgment dated July 16, 1987, passed in ITC Nos. 158 of 1986 and 163 of 1986, ( Commissioner of Income Tax Vs. Chet Ram and Sons., , two questions of law, which were similar to the questions sought to be raised in the present case, were directed to be referred to this court.

Following the said decision, we direct the Tribunal to state the case and refer the following two questions of law to this court :

"(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessed family did not conceal the particulars of its income by confirming the order of the Appellate Assistant Commissioner ?

(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in annulling the proceedings of the assessment initiated u/s 148 of the Income Tax Act by confirming the order of the Appellate Assistant Commissioner ?"

There will be no order as to costs.