M/S Indian Timber Traders, Pathankot v. The Commissioner Of Income Tax, Amritsar

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : I. T. R. No. 97 of 1990Date of Decision : December 10, 2008. M/s Indian Timber Traders, Pathankot....Applicant Vs.The Commissioner of Income Tax,Amritsar....Respondent CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE L. N. MITTAL * * * Present :Ms. Naveender P. K. Singh, Senior Standing Counsel, for the Revenue. * * * ADARSH KUMAR GOEL, J. (Oral) : 1.This reference has been made in pursuance of direction of thisCourt dated 23.09.1988, by the Income Tax Appellate Tribunal, Amritsar,arising out of MA No. 29/79 in ITA No. 289/78-79 for the assessment year1971-72, which has been decided by the Tribunal vide its order dated08.04.1980. 2.The Assessing Officer, during the course of assessment of theassessee, raised a question why the profits in P. Mal Khata in the books ofM/s Indian Timber Traders be not assessed in the hands of “Association ofpersons”. Assessment was made accordingly. The assessment was set asideby the Appellate Authority, but on appeal by the Revenue, the Tribunalupheld the order of re-assessment and directed the Appellate Authority to hear assessee's appeal in respect of other objections. The Revenue as wellas the assessee made miscellaneous applications. The application of theassessee was for recall of the order of the Tribunal and application of theRevenue was for deleting the direction for hearing assessee's objections.The application of the Revenue was allowed to the extent of deleting thedirection for hearing the assessee's appeal in respect of other objectionsagainst validity of assessment. 3.Though learned counsel for the Revenue points out thatTribunal has ample jurisdiction to recall its order under Section 254 (2) ofthe Act, in absence of the assessee, we do not consider it appropriate toanswer the reference. 4.The reference is returned unanswered. (ADARSH KUMAR GOEL)JUDGE December 10, 2008monika ( L. N. MITTAL )JUDGE