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1992 Supreme(Cal) 138

A.K.SENGUPTA, SHYAMAL KUMAR SEN
COMMISSIONER OF INCOME-TAX – Appellant
Versus
POPULAR ELECTRIC CO (P) LTD. – Respondent


Advocates Appeared:
B.K.NAHA, S.K.MITRA

AJIT K. SENGUPTA, J.

( 1 ) IN this reference under Section 256 (2) of the Income-tax Act, 1961, for the assessment years 1981-82 and 1982-83, the following questions of law 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 quashing the assessment made under Section 144 of the Income-tax Act, 1961 ? if the answer to question No. 1 is in the negative, then whether, on the facts and in the circumstances of the case, the Tribunal should have directed the Income-tax Officer to redo the assessment"

( 2 ) THE facts leading to this reference are that the assessee is Messrs. Popular Electric Co. (P.) Ltd. and the assessment years involved are 1981-82 and 1982-83, for which the previous years ended on March 31, 1981, and March 31, 1982, respectively. The assessee-company is engaged in the business of electrical engineers and contractors. For the two assessment years under reference, returns have not been filed in response to notices under Sections 139 (2) and 142 (1) of the Income-tax Act, 1961. The assessments were made on March 14, 1984, and February 16, 1985, under Section 144, respectively. Considering th








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