COMMISSIONER OF INCOME TAX Vs. MAHARAJA CHINTAMANI SARAN NATH SAH DEO

JUDGEMENT

(1.) THESE three taxation cases arise from three references made under Section 256(1) of the Income-tax Act, 1961, by the Income-tax Appellate Tribunal, "B" Bench, Patna, for the three assessment years, namely, 1975-76, 1976-77 and 1977-78, wherein two questions of law--the first question being in a consolidated form in respect of all the three assessment years and the second one being only for the assessment year 1975-76--have been referred :

(2.) IT is not necessary to state the facts of these cases as in regard to the same assessee for different assessment years these very questions have already been decided in favour of the assessee and against the Revenue in quite a number of decisions of this court. Although the questions have been gone into in a number of decisions, namely, CIT v. Maharaja Chintamani Saran Nath Sahdeo [1982] 133 ITR 658, CIT v. Maharaja Chintamani Saran Nath Sahdeo [1986] 157 ITR 358 and CIT v. Chintamani Saran Nath Sahdeo [1986] 162 ITR 255, to be precise, we may refer to the latest decision in [1986] 162 ITR 255 which has dealt With the case of the very same assessee wherein, on identical ifacts, the following two questions, inter alia, were referred to this court for its opinion (at p. 257);