COMMISSIONER OF INCOME TAX Vs. KASHINATH DUTTA

JUDGEMENT

(1.) At the instance of the Commissioner, West Bengal-IV, the following question of law has been referred to this court under Section 256(2) of the Income-tax Act, 1961 ("the Act"), for the assessment year 1967-68 :

(2.) The facts relating to this reference are stated hereinafter.

(3.) In the relevant assessment for the assessment year 1967-68, the total income of the assessee was computed at Rs. 1,21,670 inclusive of Rs. 47,374. He was a partner of five firms, namely, Biswanath Dutta, Biswanath Dutta and Co., Biswanath Cold Storage, Kashinath Cold Storage and Ashutosh Cold Storage.