COMMISSIONER OF INCOME TAX Vs. POLAKI BUTCHI BABU

JUDGEMENT

(1.) THIS Court has called for a statement of case on the following question of law from the Tribunal, Cuttack Bench, on an application filed by the CIT under S. 256(2) of the IT Act (for short "the Act") :

(2.) THE assessment years involved in these two cases are 1974 75 and 1975 76. The facts may be briefly stated :

(3.) A petition under S. 171 of the Act was filed by the assessee on December 31, 1974, before the ITO claiming partition of the joint capital as indicated above, and the ITO, by his order dated December 31, 1974, allowed the claim for partial partition w.e.f. March 3l, 1972. Undisputedly, this order has become final.