SATINDER KUMAR HUF Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal has referred the following questions for the opinion of this court. Those questions are :

(2.) WHETHER, on the facts and in the circumstances of the case, the Tribunal was in law right in upholding the order of the Additional Commissioner of Income-tax under Section 263, Income-tax Act, on the ground of Satinder Kumar's joining the partnership, Messrs. Vijay Traders, being an extension of the Hindu undivided family's earlier business when the said ground did not form the basis of the Additional Commissioner's order ?

(3.) THE Income-tax Officer accepted the revised return of the assessee-family and the individual return of Satinder Kumar for the assessment year 1968-69 and assessed them accordingly. Similar assessments were made in respect of the assessee-family and Satinder Kumar for the succeeding assessment years 1969-70 and 1970-71.