JUDGMENT

DR. B.P. SARAF, J.--By this reference under section 2560) of the Income Tax Act, 1961, the Income-tax Appellate Tribunal has referred the following two questions of law to this Court for opinion at the instance of the Revenue:"(1) Whether on the facts and in the circumstances of the case, the Appellate Tribunal is right in holding that the Income-tai Officer is not entitled to reopen the assessment under section 147(a) even though there is failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment for that year in his return or during the course of assessment proceedings?(2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the Income-tax Officer was very well seized on the facts and there was no necessity for the assessee to disclose the same again and it is omission on the part of the Income-tax Officer himself and, therefore, he is not entitled to reopen the assessments ...