COMMISSIONER OF INCOME TAX Vs. AKBARALI JUMMABHAI

JUDGEMENT

(1.) ON being directed by this Court, under S. 256(2) of the IT Act, 1961, the Tribunal has made these references to us and has referred the following questions of law for our opinion :

(2.) IT may be stated that the questions of law which are referred to us for our opinion relate to the asst. yrs. 1962 63, 1963 64, 1964 65 & 1965 66. Four separate orders of assessment were passed by the ITO and all throughout for separate orders of assessment, four separate proceedings were preferred. This Court, vide its order dt. 29th March, 1977, passed in IT Applications Nos. 4748, 4749, 4750 of 1977, directed the Tribunal to state the case and make reference of questions of law and, accordingly, the Tribunal made four references to us. However, the office of this Court appears to have combined the four references into one. We, therefore, direct the office to regard this reference as four independent references, and renumber them as IT Ref.s Nos. 113, 113/A, 113/B and 113/C of 1978.

(3.) ON being moved for reference, the aforesaid questions are referred to us for our opinion. In order to answer the questions referred to us, it would be necessary to set out the relevant provisions of the Act. Sec. 147(a), in so far as it is relevant and as it stood at the relevant time, is reproduced herein :