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C.I.T. v. Smt. Pushpa Mohan - INCOME TAX REFERENCE No. 53 of 1997  RD-AH 1217 (3 May 2005)
INCOME TAX REFERENCE No.53 Of 1997.
Commissioner of Income-tax, Lucknow.. Applicant
Smt. Pushpa Mohan (Trustee), Lucknow. . Respondent.
Hon'ble R. K. Agrawal, J.
Hon'ble Rajes Kumar, J.
The Income Tax Appellate Tribunal, New Delhi has referred the following question of law under section 256 (1) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for opinion to this Court.
"Whether on the facts and in the circumstances of the case, the I.T.A.T. was legally correct in upholding the order of the Deputy Commissioner of Income-tax (Appeals) directing the Assessing Officer to make a substantive assessment in this case?"
The present Reference relates to the Assessment Years 1985-86.
We have heard Sri A.N.Mahajan, learned Standing Counsel for the Revenue. No body has appeared on behalf of the respondent-assessee.
It has been stated by Sri A.N.Mahajan, learned Standing Counsel that this court in Income Tax Reference No.120 of 1997 Commissioner of Income Tax Versus Brig. Kapil Mohan decided on 29th April, 2005 which relates to another member of the same family has answered in favour of the assessee and against the Revenue.
Respectfully, following the aforesaid decision, we answer the question referred to us in the affirmative i.e. in favour of the assessee and against the Revenue. However, there shall be no order as to costs.
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