Referable question of law absent where the Tribunal treated the assessment dispute as settled and academic.

No referable question of law arose where the Tribunal treated the dispute as settled by its earlier view that the assessee could not be assessed as a separate unit and that assessment in the status of an unregistered firm was void. As the legal position had since been settled, the issue was regarded as academic rather than a live question for reference under section 256(1). The applications for reference were therefore dismissed.

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Issues: Whether, on the facts and in the circumstances of the case, any referable question of law arose from the Tribunal's order so as to warrant a reference to the High Court under section 256(1) of the Income-tax Act, 1961.

Analysis: The Tribunal noted that the controversy turned on its earlier view that the assessee could not be assessed as a separate unit and that the assessment in the status of an unregistered firm was void. It further recorded that the legal position had since been settled and that, in the circumstances, the question had become one of only academic interest. On that basis, the Tribunal held that no question of law referable to the High Court arose from its order.

Conclusion: No referable question of law arose, and the applications for reference were dismissed.

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