1. Whether the 'self - assessed tax' paid by the assessee on 30/03/1989 in respect of the assessment years 1979-80 to 1984-85, on the basis of the returns filed later on 11/10/1989, (i.e., before the issuance of notice under S.148 of the Income Tax Act , but sought to be treated as valid returns filed in response to the above notice) has to be refunded to the assessee, on setting aside the assessment order passed by the assessing authority under S.143(3) of the Act, is the issue involved herein.

2. The sequence of events reveals that the predecessor - in - interest of the petitioner, late Lucy Kochuvareed was a co - owner of the "Vellanikkara and Thattil Rubber Estate", which was acquired by the Government of Kerala on 15/03/1974. Challenging the inadequacy of compensation awarded, the matter was taken up before the Reference Court and also before this Court, whereby the compens