- (1.) THE Tribunal, Delhi, has referred the following questions under s. 256(1) of the IT Act, 1961 (hereinafter called 'the Act') : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the adoption of Shri Narendra Kumar by Dr. S.P. Bhatnagar, the assessee, was a valid adoption ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the 3. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the share income from the firm M/s Rohit and Company (India) was not assessable in the hands of the assessee in his individual capacity -
(2.) THE dispute relates to the asst. yr. 1970 -71. The assessee is an individual deriving income from medical profession and is a partner in the firm M/s Rohit & Company, in Roorkee.
(3.) THE contention of the assessee is that he was partner as a Karta of his family and therefore, the share income of the above firm was the income of his HUF. The ITO, in the reassessment proceedings for the relevant assessment year, added the share income of M/s Rohit & Company in the hands of the assessee, treating it as his income. Assessment order has been set aside by the first appellate authority which has been confirmed by the Tribunal on the ground that income of the firm M/s Rohit & Company, Roorkee, cannot be added in the income of the assessee as an individual.;