- (1.) Heard learned counsel for the applicant, and learned counsel for the respondent.
(2.) The present application under Section 256(2) of the Income-tax Act, 1961, is by the Revenue seeking reference of the following questions of law : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in recalling its order dated July 9, 1990, on the plea that proper opportunity of hearing was not allowed to the assAessee ? 2. Whether there was any material on record before the Tribunal to deviate from the findings on facts already recorded, vide its earlier order dated July 9, 1990, so as to enable it to recall and review the said order ?"
(3.) It is not necessary to give the preceding facts for the purposes of disposing of this application, but the facts as existed before the Income-tax Tribunal. In the present case, after the remand of the case by the Tribunal, fresh assessment was made on March 30, 1988, determining the total income of the assessee at Rs. 4,60,560 including unexplained investment of Rs. 4,15,000. The first appellate authority dismissed the said appeal against which a second appeal was preferred before the Income-tax Tribunal by the assessee. The appeal of the assessee was dismissed by the Tribunal on July 9, 1990.;