COMMISSIONER OF INCOME TAX Vs. DALMIA R DECD

JUDGEMENT

(1.) THESE two references under s. 256(1) of the IT Act, 1961 (hereinafter referred to as "the Act"), pose the following questions for the opinion of the Court :

(2.) THESE reference applications arise out of the assessment of Shri R. Dalmia, an individual, for the asst. yr. 1962-63 for which the previous year ended on 30th Sept., 1961. There was an earlier income-tax reference for the asst. yr. 1961-62 for which the relevant previous year was the year ended on 30th Sept., 1960. That reference was answered by this Court on 24 March,1981. In R. Dalmia vs. CIT (1981) 24 CTR (Del) 16 : (1982) 133 ITR 169 (Del). Questions Nos.3,4 and 5 posed for our opinion are covered by the said earlier judgment of this Court. It has not been shown to us that the decision of this Court has been questioned in the Supreme Court. No arguments have been addressed persuading us to take a different view. We answer questions Nos. 3, 4 and 5 according to the opinion expressed in the aforesaid case.