KESAR DEVI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS reference has been made by the Tribunal, Jaipur Bench, Jaipur in R.A. No. 46/Jp/1987 arising out of the ITA No. 1178/Jp/1985 pertaining to asst. yr. 1972 -73 to this Court referring following questions of law for the opinion of this Court:

(2.) SO far as question No. 4 is concerned, we have already deliberated question in D.B. IT Ref. No. 93 of 1987 titled as -Smt. Kesari Devi v. CIT, Jaipur and three other connected references in the cases of the assessee pertaining to asst. yrs. 1975 -76, 1976 -77 and 1977 -78 and to that extent the said judgment relating to these assessment years shall be applicable for the purpose of answer to this question.

(3.) QUESTION Nos. 1 and 2 are inter -dependent questions. The authorities under the IT Act while deciding the assessment of the assessee pertaining to asst. yr. 1972 -73, the judgment of the Supreme Court in para 2 has not been properly applied. Therefore, question Nos. 1 and 2 shall be answered conjointly.