SYNBIOTICS LTD Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THESE proceedings arise out of the Order of reference made by the Tribunal in eight reference applications. The questions referred to us for our opinion read as under : Asst. yr. 1969-70 At the instance of assessee

(2.) IT becomes obvious that plurality of these questions flows from the plurality of the appeals decided by a common judgment of the Tribunal. There were in fact six appeals concerning asst. yrs. 1969-70, 1971-72 and 1972-73. As three appeals were taken out by the assessee, three cross appeals were taken out by the ITO. As these questions pertain to six appeals before the Tribunal, these references also are required to be registered as six references and not one reference as done by the office. We, therefore, direct that this group of references may be treated as IT Ref. Nos. 227/78, 227A/78, 227B/78, 227C/78, 227D/78 and 227E/78.

(3.) SO far as questions referred at the instance of the Revenue for this very assessment year are concerned, all the said three questions stand answered by our decision on question Nos. 1 and 2 in IT Ref. No. 8 of 1979 decided today. For the detailed reasons given therein, for answering these questions in favour of the assessee, all the aforesaid three questions at the instance of the Revenue, are answered in the affirmative, in favour of the assessee and against the Revenue.