Court : Gujarat
Decided on : Oct-03-1969
Reported in : [1970]77ITR165(Guj)
Bhagwati, C.J.1. The question arising in this petition is a question of considerable importance relating to the applicability of section 5 of the Limitation Act, 1963, to an application for reference made to the Income-tax Appellate Tribunal under section 66, sub-section (1), of the Indian Income-tax Act, 1922. The question lies in the narrow compass but in order to appreciate it, it is necessary to notice briefly the facts giving rise to the petition. 2. In the course of the assessment to income-tax for the assessment year 1961-62, the assessee, who is the respondent before us, claimed that a sum of Rs. 1,05,900 was liable to be deducted in computing the total income of the assessee but this claim was disallowed by the Income-tax Officer and the sum of Rs. 1,05,900 was included in the total income of the assessee. The assessee preferred an appeal to the Appellate Assistant Commissioner but the appeal was unsuccessful. This was followed by a further appeal to the Income-tax Appellate T...
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