K.B.ASTHANA, J. - (1.) HEARD the learned counsel for the applicant and the learned counsel for the Revenue.
(2.) WE think the following two questions arise from the Judgment of the Tribunal:-- (1) Whether on the facts and in the circumstances of the case the Tribunal was justified in finding that the reopening of the assessment under S. 147(1)(a) was valid and sustainable in law ? (2) Whether on the facts and in the circumstances of the case the Tribunal was correct in finding that the applicant had failed to disclose the material which justified the reopening of the assessment of the year in question ? Let the Tribunal submit a statement of case to this Court.
(3.) THE assessee will be entitled to Rs. 100/- as costs.;