MOHAMMAD HANIF Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) ALL these aforesaid three references involve common questions of law, therefore, they are disposed of by a common order :

(2.) FOR the convenient disposal of all these aforesaid three reference, the facts given in MCC No. 270/87 (Mohd. Hanif and Ors.) are taken into consideration.

(3.) THE relevant period to the asst. year 1976 77, for which these seven reference applications have been filed. It is pointed out that identical issues arose in the case of the partners of M/s Kale Khan Mohd. Hanif for the asst. year 1977 78 and reference in those cases have also been made by the Tribunal before this Court, which is covered under the aforesaid questions. The assessee/applicants are partners of the firm M/s Kale Khan Mohd. Hanif, which was constituted by a partnership deed dt. 29th Oct., 1974. This was a very old firm, though there had been a change in the constitution of the firm from time to time.