Law:

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Section 256 of the Income-tax Act, 1961 - Reference - Question of law - Assessee, a partnership firm, was assessed as registered firm for assessment years 1977-78 to 1979-80 - Later, on information gathered during survey under section 133A, ITO reopened assessments, cancelled its registration on ground that assessee-firm was not genuine and made protective assessments holding that income assessed was includible in another firm's income - AAC set aside ITO's orders with direction to restore original assessments - Tribunal set aside AAC's order and rejected assessee's prayer for making reference - Whether any referable question of law arose out of Tribunal's order - Held, no Facts The assessee, a partnership firm, was assessed as a registered firm for the assessment years 1977-78 to 1979-80. Subsequently, on the basis of information gathered during survey conducted under section 133A in the assessee's premises and those of two other firms T and 'C', the ITO cancelled the registration on the ground of the same being not genuine. The AAC allowed the assessee's appeals. On the revenue's appeal, the Tribunal set aside the AAC's orders, with the direction to the AAC to redetermine the issues afresh. The Tribunal further rejected the assessee's prayer for making reference under section 256(1). On reference application under section 256(2): Held Referable question of law did arise out of the Tribunal's order and the Tribunal was accordingly directed to refer the matter for opinion. Chaphekar for the Applicant. R.C. Mukati for the Respondent. ORDER Sohani, Actg. CJ.-The order in this case will also govern the disposal of Misc. Civil Case Nos. 137 and 139, both of 1987. 2. These are applications under section 256(2) of the Income-tax Act, 1961 ('the Act'). 3. The assessee is a partnership firm, which was granted registration in the assessment year 1977-78. For the assessment years 1978-79 and 1979-80, the registration of the assessee was continued and the assessee was assessed under section 143(3) of the Act in the status of a registered firm for all these years. Subsequently, on the…

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