1998 (5) TMI 15

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....ABICHANDANI J.---Both these matters involve similar questions and have been argued together by learned counsel for both the sides. In Income-tax Reference No. 412 of 1983, the Tribunal has referred the following question for the opinion of this court under section 256(1) of the Income-tax Act, 1961 : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in la....

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....unal was right in law in coming to the conclusion that the protective assessment made by the Income-tax Officer was liable to be set aside?" Both the references pertain to the assessment years 1976-77 and 1977-78. Income-tax Reference No. 412 of 1983 is argued as a lead matter by both the sides with a request to treat their contentions to be the same in Income-tax Reference No. 408 of 1983. ....

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....taken by the Income-tax Officer was contrary to the settled legal position, because a trustee can join a partnership firm in a representative capacity. The factual position which was not in dispute was summarised by the Tribunal and it was held that Jayshankar B. Upadhyay was a genuine firm which was duly registered. It was also found that the partnership deed of the firm clearly mentioned the ....