KAILASHCHANDRA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE order in this case shall also govern the disposal of Misc. Civil Cases No. 101 and 97 of 1981, as all these applications under Section 256(2) of the I.T. Act, 1961 (hereinafter referred to as " the Act"), arise out of a common order passed by the Income-tax Appellate Tribunal, Indore Bench.

(2.) THE assessment years in question are 1973-74, 1974-75 and 1976-77. THE applicant was employed as a manager of the firm, M/s. Mahavir Industrial Works, which had applied for registration. THE ITO refused registration on the ground that the firm was not genuine but was the concern of the applicant. As a consequence of the refusal of registration of the firm, the ITO assessed the entire income of the firm in the hands of the applicant. Aggrieved by that order, the applicant preferred an appeal before the AAC. THE firm, M/s. Mahavir Industrial Works, had also preferred an appeal against the order of the ITO refusing the registration. THE AAC allowed the appeal preferred by the firm against the order passed by the ITO refusing registration. As a consequence of that order, the AAC allowed the appeal preferred by the applicant. Aggrieved by the orders passed by the AAC, the Department preferred appeals before the Tribunal. THE Tribunal allowed the appeal of the Department in the case of the firm holding that the firm was not genuine. By another order, the Tribunal allowed the appeal of the Department in the case of the applicant. Hence, aggrieved by that order, the applicant had preferred an application under Section 256(1) of the Act before the Tribunal but that application was rejected. Hence, the applicant has filed these applications.

(3.) PARTIES shall bear their own costs of this reference.