PUNJAB ICE FACTORY AND COLD STORAGE Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a batch of four reference cases, one at the instance of the Revenue and three at the instance of the assessee. The four cases relate to the assessment years 1961-62, 1962-63, 1964-65 and 1966-67. Taxation Case No. 140 of 1976 relates to 1961-62. Taxation Cases Nos. 137 to 139 are for other three years. Reference in each case is under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act.").

(2.) THE points arising for consideration in Taxation Cases Nos. 137 to 139 are exactly identical. THE point in Taxation Case No. 140 of 1976 is, however, slightly different, as I shall show subsequently.

(3.) THE assessee being aggrieved by the order of the Income-tax Officer cancelling the registration for the aforesaid assessment years went in appeal. THE Appellate Assistant Commissioner allowed the appeal of the assessee in regard to the assessment year 1961-62, but dismissed it in regard to the other three years. THE appeal for the year 1961-62 was allowed on the footing that the assessee had not been given any notice by the Income-tax Officer to show cause why registration granted for that year be not cancelled. THE cancellation of registration for other years was upheld on the footing that Sardar Ravinder Singh was a minor at the time of execution of the agreement and there was no other agreement or there was no legal partnership which could be recognised by the Income-tax Officer in terms of the Act.