- (1.) IN all these appeals, since common question of law and facts are involved, they have been heard together and are disposed of by this common order.
(2.) THESE appeals have been filed under Section 260A of the Income Tax Act 1961 challenging the order passed by the Income Tax Appellate Tribunal, Patna Bench, Patna whereby the tribunal dismissed the appeal filed by the Revenue and further allowed cross objection filed by the respondent -assessee. For better appreciation of the fact of the case, first of all we shall take up Tax appeal No. 9/02. Respondent -Assessee derives income from dealing in vegetable oil and edible oil etc. Respondent also derives income from commission on sale of edible oil received from various manufacturers of States other than erstwhile Bihar. Respondent used to issue Form F for all such goods to the consignor and on the basis of this Form F, the consignor used to get rebate from sales tax on the consignment sale in his own State. The allegation against the respondent was that he in the counter foil of Form F used to enter lower price of goods than the actual price sent to the consignor and thereby used to pay sales tax on the basis of lower figure of sale entered in the counter foil in Form F maintained by the respondent -assessee. On the basis of return of income tax filed by the respondent -assessee for the period 1988 -89,1989 -90,1990 -91, 1991 -92 and 1992 -93 assessment were made under Section 143(1) of the Act. However, on receipt of information from the Commercial Tax Department, Govt. of Bihar, the Assessing Officer issued show cause notice to the respondent as to why reassessment proceeding should not be initiated under Section 147 of the Act for escape assessment. Notices were issued under Section 148 of the Act with the approval of the Commissioner of Income Tax, Ranchi. Notices under Section 142(1) was also issued to the respondent for production of books of account and for furnishing details of sales and consignment sales. The Assessing Officer, however, completed the assessment and added following income: Sl. No. A.Y. Returned Assessed Addition Income Income made (Rs.) (Rs.) (Rs.) 1. 1988 -89 35,650 386,665 351.015 2. 1989 -90 45,55.0 546,356 500,816 3. 1991 -91 56,000 1,123,936 1,067,936 4. 1991 -92 40,350 1,274,090 1,233,740 5. 1992 -93 28,440 1,566,496 1,538,056
(3.) AGGRIEVED by the said assessment, respondent -assessee preferred appeal before the Commissioner of Income Tax (Appeal) Ranchi which was registered as Tax Appeal No. 32, 33, 34, 35, 36 of 2001. The Commissioner of Income Tax (Appeal) (in short CIT Appeal) after hearing the parties partly allowed the appeals and held that the matter needs reconsideration by the Assessing Authority. The appellant -Revenue, aggrieved by the said order of CIT (Appeal), moved the Income Tax Appellate Tribunal by filing appeals, which were registered as Tax Appeal nos. 165,166,167 and 169 of 2001. The Appellate Tribunal after hearing the parties dismissed all the appeals and also allowed the cross objection filed by the assessee against the finding recorded by the CIT(Appeal) on some issues.;