1989 (1) TMI 67

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....GOKAL CHAND MITAL J.-Auto and Metal Engineer, Faridabad, the assessee, was a partnership concern consisting of Smt. Sunanda Rani Jain having 2/3rds share and Smt. Karuna Rani Jain having 1/3 share. Both are sisters. V. K. Jain, husband of Sunanda Rani Jain, was the general manager of the firm. On April 24, 1971, the business premises of the firm and the residential premises of the partners were se....

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....g disposal of the application. " The aforesaid order was confirmed on February 12, 1973. On March 1, 1973, the Income-tax Department filed another application before the Delhi High Court for clarification as to whether the stay orders operated in regard to the assessments of the partners or operated in favour of the assessee-firm also. In para 4 of the application, it was specifically mentio....

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....n para No. 4 of the application, it was mentioned that the seized material was also to be utilised in respect of the assessment year 1970-71 and onwards and that, vide stay orders, further proceedings for the assessment year 1970-71 and onwards were already stayed. Vide order dated March 8, 1973, it was clarified by the Delhi High Court that the clarification made, vide order dated March 5, 1973, ....

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.... stay was for the assessment year 1970-71 and was also for the firm. Feeling aggrieved, the assessee filed an application under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for reference of four questions for the opinion of this court for the assessment year 1970-71 out of which two questions related to the points noticed above. The Tribunal declined to refer ....