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1981 Supreme(Cal) 196

SABYASACHI MUKHARJEE, SUDHINDRA MOHAN GUHA
KUMAR JAGADISH CHANDRA SINHA – Appellant
Versus
COMMISSIONER OF INCOME-TAX – Respondent


Advocates Appeared:
A.N.Bhattacharji, B.L.PAL, MANAS BANERJI, R.C.DE

SABYASACHI MUKHARJI, J.

( 1 ) IN this reference under Section 256 (1) of the I. T. Act, 1961, the following three questions have been referred to this court :"1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the return of income furnished by the assessee by virtue of the provisions contained in Sub-section (4) of Section 139 of the Income-tax Act, 1961, beyond the time allowed under Sub-section (1) or Sub-section (2) of the said section, could not be construed as a return furnished under either of the latter sub-sections and in that view holding that the assessee was not entitled to file a revised return under Sub-section (5) of Section 139 of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the assessments made by the Income-tax Officer for the assessment years 1964-65 and 1965-66 were within the time-limit prescribed in Section 153 (1) (b) of the I. T. Act, 1961 ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the cases for the assessment years 1964-65 and 1965-66 were such as falling within Clause (c) of Sub-secti












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