1. On a Miscellaneous Appin. No. 44 of 1999 in DB IT Ref No. 33 of 1983, this Court has recalled its main order dt, 20th Jan., 1995, which includes the order dt. 11th July, 1995, whereby some correction has been made in the order dt. 20th Jan., 1995. After recalling the order dt. 20th Jan., 1995, we hear this reference afresh.

2. In the reference under Section 25 6(1), the Tribunal has referred the following questions for our opinion:

“Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that scope of assessments made by the ITO in pursuance of the directions issued under Section 250 of the IT Act by the AAC was limited and the ITO was not competent to include in the taxable income the amount of Rs. 4,29,593 when at the time of original assessment, the same was not included?”

“If the answer to the above question is in the negative, whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of Rs. 4,29,5 93 made by the ITO on account of profit after the amalgamation of the companies by adopting the cost of the shares in the trading account at Rs. 5,33,333 against the value of the c