D.N.PATEL,J. - (1.) Following questions of law have been raised in this writ petition: (i ) Whether the revised assessment order for the assessment year 199293, vide Annexure6, is wholly illegal and without any basis (ii) Whether the order of assessment, vide Annexure6, has been passed by the Income Tax Officer only on surmises/conjectures without making any inquiry as per the specific directions given by the appellate authority while remanding the case for assessment de novo (iii) Whether the Income Tax Officer was bound to get the details of the alleged purchases of Bank Drafts from A.D.I.T(Inv.), Jamshedpur and he was also further bound to proceed in accordance with the directions given by the appellate authority (iv) Whether the assessment order for the assessment year 199293(Annexure6) as well as the order passed by the Commissioner of Income Tax, Jamshedpur under Section 264 of the Act(Annexure7) are wholly illegal and contrary to the law settled by the Apex Court and/or own High Court (v) Whether the Income Tax Officer had any competence and/or jurisdiction to ignore and/or overlook the directions given by the appellate authority (vi) Whether under the facts and circumstances of the case the impugned orders as contained in Annexures6 and 7 are liable to be quashed by the Hon'ble High Court
(2.) Having heard learned counsel for both sides and looking to the facts and circumstances of the case, it appears that for the assessment year 199192 the Assessing Officer, while finalising , the assessment vide order dated 30.03.1998, has, in fact, made an addition of about Rs.6,20,000/, mainly on the basis that Bank Drafts approximately for Rs.77,00,000/ were purchased in cash. Against this order the appeal was preferred before the Commissioner of Income Tax, who after quashing and setting aside the assessment order, remanded the matter for fresh assessment, with certain guidelines with regard to verification of bank entries etc. The appellate order is dated 05.01.1999 (Annexure2 to the memo of this writ petition). Thereafter, fresh assessment was passed on 27.03.2001 and now there is an addition of only Rs.34,100/ which has been accepted by the assessee.
(3.) So far as the assessment for the year 199293, which was made on 30.03.1998, is concerned, an amount of Rs.77,500/ has been made in addition for concealing the income. Here also there was a reference of purchase of bank drafts by cash. For this assessment year also, appeal was preferred by this petitioner (assessee) before the Commissioner of Income Tax, which was allowed vide order dated 07.12.2000 (Annexure5 to the memo of this writ petition) and the assessment order for the year 199293 was quashed and set aside. The guidance given in the appellate order dated 05.01.1999 for the assessment year 199192 was adopted by the Assessing Officer for the assessment year 199293 also.;