Lamba Trading Co. Ltd. vs Commissioner of Income Tax

In this reference u/s 256(1) of the income tax Act, 1961, relevant to the assessment year 1984-85, the following question has been referred for our opinion: Whether on the facts and in the circumstances of the case, the income tax Appellate Tribunal (''Tribunal'') was right in law to hold that it was not necessary for the Commissioner of income tax to annual or to cancel the order of assessment as against setting aside on observing that the income tax Officer, who had completed the original assessment in this case did not have any jurisdiction over the case of the assessee-company?

The matter has been called out twice but there is not appearance on behalf of the assessee. On the last date of hearing learned counsel for the assessee had sought adjournment to obtain instructions from her client. Quite clearly the assessee has not given any instruction to learned counsel.

It appears that the assessee is not interested in pursuing the reference. Under the circumstances, we return the reference unanswered.