ROOP NARAIN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THESE two reference applications have been filed under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act") for directing the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, to state the case and refer certain questions, said to be arising out of the orders of the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter called " the Tribunal "), to this court. The reference case No. 91 of 1974, arises out of the assessment proceedings, while the other reference case No. 92 of 1974, arises out of the penalty proceedings relating to the same assessee and the same assessment year 1966-67. As the assessee and the assessment year are the same, it would be proper to dispose of these two reference applications by a common order.

(2.) THE circumstances, which have given rise to these two reference cases, may be briefly stated :

(3.) THE other Reference Application No. 92 of 1974 arises out of the penalty proceedings in respect of the same assessee relating to the same assessment year, as we have already pointed out above. THE assessee desired the Tribunal to refer, the following four questions to this court: