RAVINDER SINGH Vs. COMMISSIONER OF INCOME TAX NEW DELHI

JUDGEMENT

(1.) Statement of case in the both the reference applications is same and pertain to the assessment year 1976-77. Referable questions in each of these applications are as under:- I.T.R No. 298/92: (Assessee Rnvinder Singh-HUF)

(2.) It were the assessees who sought reference of these questions on applications filed under section 256(1) of the Income-tax Act, 1961 (for short 'the Act'). The Income- tax Appellate Tribunal. Delhi Bench, New Delhi, sent in the statement of the case to this Court for its opinion on the aforesaid questions of law.

(3.) At the out set we may note that for subsequent assessment years the assessees succeeded in their appeals before the Appellate Tribunal and it was the Revenue which sought reference on the same questions, but the Appellate Tribunal declined its applications under section 256(1) of the Act as in its opinion no question of law arose for determination by this Court. For those subsequent assessment years the Revenue has filed applications under section 256(2) of the Act in this Court seeking a direction to the Appellate Tribunal to state a case and to refer to this Court the aforesaid question of law. The fate of those I.T.Cs. will depend upon the answers which we give in the present reference applications.