COMMISSIONER OF INCOME TAX Vs. K NARENDRA

JUDGEMENT

(1.) SIX petitions under S. 256(2) of the INCOME TAX ACT, 1961, which raise interconnected questions have been instituted by the CIT claiming that questions of law arise out of the order of the Tribunal. The applications are -I.T.C. Nos. 75 of 1978, relating to the asst. year 1968 -69, 76 of 1978 relating to the asst. year 1969 -70, 307 of 1979 relating to the asst. year 1970 -71, 306 of 1979 relating to the asst. year 1971 -72, 36 of 1980 relating to the asst. year 1972 -73 and 35 of 1980 relating to the asst. yr. 1973 - 74.

(2.) THE question sought to be raised for the asst. yrs. 1968 -69 to 1969 -70 is in the following terms :

(3.) ON appeal to the Tribunal, it was claimed by the Revenue that the machine and the premises in which the machine was installed were not being used for the assessee's own business, but the assessee claimed that he was a 50 per cent partner of the firm, M/s Rotary Corporation, which was getting the sum of Rs. 12,500 which included the rent. The Tribunal accepted this view -point and held that it was obvious that the amount of Rs. 12,500 also included the rent of the portion of the building.