Law: Income Tax Act, 1961

Section: 256(2)

Income-tax---Reference---Question of law---Circulars of C. B. D. T. ---Amnesty circulars---Immunity given by circulars---Whether .can be availed of by assessees whose premises have been searched---Revised return filed subsequent to search---Whether a return filed under amnesty scheme--¬Tribunal directed to refer question of law---Indian C.B.D.T. Circular No. 451, dated 17-2-1986 and C. B. D. T. Circular No. 441, dated 15-11-1985---Indian Income Tax Act, 1961, S.256(2). The Income-tax Officer completed the assessments of the assessees for the assessment years 1983-84 and 1984-85 rejecting the contention of assessees that they were entitled to the benefits of the Amnesty Scheme. On appeal, the Commissioner (Appeals) affirmed the view of the Income-tax Officer. On further appeal, the Tribunal held that the revised returns filed by the assessees were to be considered as returns filed under the Amnesty Scheme. The Revenue filed an application under section 256(1) of the Income Tax Act, 1961, for referring a question of law. The Tribunal dismissed the application of the Revenue. On an application filed under section 256(2) for directing the Tribunal to refer a question of law: Held, that a question of law, whether the Tribunal was right in law in holding that the revised return filed by the assessees subsequent to the search was to be considered as a return filed under the Amnesty Scheme, arose for reference. A. V. Joy, Alukkas Jewellery v. CIT (1990) 185 ITR 638 (Ker.) ref JUDGMENT P. A. MOHAMMED, J.---These are applications filed by the Commissioner of Income-tax, Trivandrum, under section 256(2) of the Income Tax Act, 1961, prying for a direction Income-tax Appellate Tribunal, Cochin Bench, to refer the following questions of law for decision of this Court: "(1) Whether, on the facts and in the circumstances of the case and considering a search was conducted on the premises of the assessee under section 132 of the Income-tax Act, is the Appellate Tribunal right in law in holding that the revised return filed by the assessee subsequent to the search is to be considered as a return under the Amnesty Scheme? (2) Whether the Appellate Tribunal is right in holding so…

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