COMMISSIONER OF INCOME TAX Vs. JAIN S P

JUDGEMENT

(1.) THESE references under section 66 of the Income-tax Act were heard together, as the practices are the same and they relate to the same subject-matter. The Income-tax Appellate Tribunal refused to state a case to the High Court under section 661 of the Act. The petitioner, i.e., the Commissioner of Income-tax, then came up to the High Court with an application in each of the three cases, to direct the Tribunal to state a case on certain questions of law, and this court directed the Tribunal to state a case on three points of law, two of which are common to the three case and are reproduced below:

(2.) THE third question of law was as follows :

(3.) THE position that emerges from the decided cases is that :