COMMISSIONER OF INCOME TAX Vs. J K ORGANISATION

JUDGEMENT

(1.) By this application, the Revenue is asking this court to refer the following questions under Section 256(2) of the Income-tax Act :

(2.) Whether the Appellate Tribunal was justified in holding that the test of mutuality was satisfied particularly in the light of the fact that the contributors and the ultimate beneficiaries in the event of dissolution of the association of persons cannot remain the same in view of the ever-changing constitution of the association of persons ?

(3.) Whether the Appellate Tribunal was justified in holding that the test of mutuality was satisfied ignoring the vital fact that two employees of the assessee-association, namely, Sri D. C. Awasthi and Sri B. K. Garg, were attending to the taxation matters and other matters of individuals and Hindu undivided families belonging to the J. K. family who were not enlisted as members of the assessee-association of persons. Besides, the accountant of the assessee-association of persons, Sri S. S. Jain, was writing the books of account of Kamla Town Trust which also was not a member of the association of persons ?