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- Sections 10, 12 and 26A - Indian Income-tax Act, 1922 CASES REFERRED TO Commissioner of Excess Profits Tax v. Shri Lakshmi Silk Mills Ltd. [1951] 20 ITR 451 (SC), Commissioner of Income-tax v. National Mills Co. Ltd. [1958] 34 ITR 155 (Bom.), Commissioner of Income-tax v. Central Studios Ltd. [1973] 88 ITR 298 (Mad.), C.P. Pictures Ltd. v. CIT [1962] 46 ITR 1181 (Bom.), CIT v. Calcutta National Bank Ltd. [1959] 37 ITR 171 (SC), CIT v. Cocanada Radhaswami Bank Ltd. [1965] 57 ITR 306 (SC), Dalchand & Sons v. CIT [1968] 69 ITR 247 (Punj.). Narain Swadeshi Weaving Millsv. Commissioner of Excess Profits Tax [1954] 26 ITR 765 (SC), Narasimier and Co. v. CIT [1969] 73 ITR 257 (Mad.), Nauharchand Chananram v. CIT [1971] 82 ITR 189 (Punj.), Sultan Bros. (P.) Ltd. v. CIT [1964] 51 ITR 353 (SC). JUDGMENT S.K. Jha, J.-In all these four reference cases under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the 1961 Act"), a common set of facts is involved. On those facts, in Tax Cases Nos. 13 and 14 a common question of law has been referred by the Income-tax Appellate Tribunal, Patna Bench, for our answer, whereas in Tax Cases Nos. 11 and 12, on the same set of facts, another common question of law has been referred. In the aforesaid circumstances, I propose to deal with Tax Cases Nos. 13 and 14 before dealing with the question referred in Tax Cases Nos. 11 and 12 of 1968. 2. Tax Case No. 13 relates to the assessment of the assessee for the assessment year 1961-62 and would be governed by the Income-tax Act, 1922 (hereinafter referred to as "the 1922 Act"). Tax Case No. 14 relates to the assessment for the assessment year 1962-63 and would be governed by the provisions of the 1961 Act. The common question of law referred by the Tribunal in these two cases is as follows : "Whether, on the facts and circumstances of the case, the income from the letting out of the property constitutes business income and thus entitled the applicant to claim registration of the partnership ?" For the assessment year 1961-62, the assessee-firm filed an application under section 26A of the 1922 Act claiming renewal of registration of the partnership. Similarly, an…

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