DIPAK KUMAR SEN, J.

( 1 ) AT the instance of Sri Panchanan Hati, the assessee, the Income-tax Appellate Tribunal proceeding under Section 256 (1) of the Income-tax Act, 1961, has drawn up a statement of case and has referred the following question to this court as a question of law arising out of its order dated the 19th July, 1975 :"whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the assessment could be reopened under Section 147 (a) of the Income-tax Act, 1961, for the assessment year 1960-61 ?"

( 2 ) THE relevant facts found and/or admitted in these proceedings are of short compass. The assessee is an individual and was assessed to income- tax in the assessment year 1960-61, the relevant previous year being 1366 H. S. , under Section 23 (3) of the Indian Income-tax Act, 1922. The assessment order was passed on the 20th December, 1961.

( 3 ) THEREAFTER, the assessment was sought to be reopened under Section 1,47 of the Income-tax Act, 1961, and a notice under Section 148 was issued and served on the assessee on the 31st March, 1969. The ground for reopening as recorded was as follows :"it was revealed in the cours

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