- (1.) THE Tribunal, Delhi has referred the following two questions of law under s. 27(3) of the WT Act, 1957 (hereinafter referred to as the Act) for opinion to this Court : "1. Whether on the facts and in the circumstances of the case, the Tribunal was legally justified in upholding the order of the AAC annulling the assessment ?
(2.) WHETHER , on the facts and in the circumstances of the case, the Tribunal was legally justified in not pronouncing the decision on merits of the case - 2. Briefly stated the facts giving rise to the present reference are as follows : The reference relates to the asst. yr. 1977 -78.
(3.) WE have heard Shri Govind Krishna, the learned standing counsel for the Revenue and Shri Amitabh Agrawal, learned counsel holding brief of Shri P.K. Jain. The respondent assessee is a club. The WTO had assessed the respondent assessee in the status of an AOP which was set aside by the AAC which order has been upheld by the Tribunal in both the orders. It may be mentioned here under the provisions of Act. The apex Court in the case of CWT vs. Ellis Bridge Gymkhana (1997) 143 CTR (SC) 138 : AIR 1998 SC : (1998) 229 ITR 1 (SC) has held that an AOP was not assessable entity under the Act prior to insertion of assessment. We accordingly answer the questions of law referred to us in affirmative i.e. in favour of the assessee and against the Revenue.;