SWARAN YASH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) These are two Income Tax references at the instances of the same assessed. They relate to the assessment years 1963 -64 and 1964 -65. The relevant previous years were the financial years 1962 -63 and 1963 -64. The references arise under identical circumstances and the questions of law referred to us are common in respect of both the assessment years. They read as follows :

(2.) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the orders passed by the Income Tax Officer under Sec. 155 of the Act can be treated as orders passed under Sec. 154 of the Act -

(3.) On February 5, 1968, the assessment of Daily Milap (Jullundur) was completed by the ITO for the assessment year 1963 -64. The total income of the firm was determined at Rs. 73,016 and this was allocated amongst three partners, Chander Prakash (50%), Mrs. Swaran Yash (25%) and Vishva Kirti (25%). As a postscript to the assessment order there is also an order under s. 184(7) which records that the declaration filed in Form No. 12 was in order and the profits had been duly allocated amongst the partners and, Therefore, a renewal of registration was allocated amongst the partners and, Therefore, renewal of registration was granted for the year under consideration. Similarly for the assessment years 1964 -65 the assessment of the firm was completed on March 11, 1969. The share income of the various partners was allocated in a similar manner and the assessment order itself records the grant of registration to the firm in view of the declaration field under s. 184(7). This assessment was completed on March 11, 1969.