Sen, J. - (1.) This reference under Section 256(1) of the I.T. Act, 1961, arises out of assessment to tax of income accruing to the Estate of late Karam Chand Thapar in the assessment year 1964-65, the relevant accounting year being the year ending on the 31st March, 1964. The facts found and/or admitted are, inter alia, as follows : The assessment was made in the name of "Estate of late Lala Karam Chand Thapar, represented by executors and legal representatives, (1) Sri I.M. Thapar, (2) Sri B. M. Thapar, (3) Sri L.M. Thapar, (4) Sri M. M. Thapar and Others" under Section 143(3) of the said Act read with Section 168.
(2.) Lala Karam Chand Thapar died on the 29th March, 1962, leaving a will dated the 20th June, 1961, under which all his assets and properties were equally divided between his four sons and his wife and two executors were appointed. Probate of this will had not been obtained and administration of the estate was also not completed during the relevant year.
(3.) In an appeal preferred from the assessment before the AAC it was contended that the assessment was not valid because the same had been made on the legal representatives of the deceased as also on the executors to the estate. This contention was rejected by the AAC.;