VIJAYKUNVERBA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE following three questions have been referred to this Court by the Tribunal, Ahmedabad under s. 256(1) of the IT Act, 1961 :

(2.) THE abovestated three questions have arisen in respect of assessment for the asst. yrs. 1970 71, 1971 72 and 1972 73. There were three assessment orders against which three separate appeals were filed before the AAC and even before the Tribunal also, there were three separate appeals. The assessee made three separate reference applications. Therefore, the Tribunal ought to have made three references instead of making a common reference for all the three years. As the Tribunal has failed to do so, we direct the office to register three references separately treating Reference No. 270 of 1978 as reference in respect of the asst. year 1970 71 and treating other two references, viz., References Nos. 270A of 1978 and 270B of 1978 as references in respect of asst. yrs. 1971 72 and 1972 73.

(3.) SO far as question No. 1 is concerned, it is premature to answer it at this stage as what shall be rate of tax and tax liability will have to be determined by the ITO only after ascertaining correct facts and nature and extent of the assessee's liability.