1987 (6) TMI 14

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.... is an assessee to income-tax. The respondent is the Revenue. We are concerned with the assessment year 1977-78. In this original petition, filed under section 256(2) of the Income-tax Act, the petitioner prays that the Income-tax Appellate Tribunal may be directed to refer certain questions of law formulated in para 4 of the original petition for the decision of this court. They are as follows: ....

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....? " The petitioner-firm was constituted under a deed of partnership dated January 28, 1975. The assessment was completed in the status of an " association of persons ". The income assessed comprised of income from property. The dispute is with regard to the status. According to the petitioner/assessee, the share income is to be computed in the case of each individual and the assessment should n....

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....refrom are definite and, therefore, the assessment is not to be made in the status of an association of persons but the share income is to be computed in the case of each person. The case of the Revenue was that there was no specification in any of the documents relied on by the assessee regarding the extent of the right of each person. The materials available only go to show that the property was....

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.... of this court was dismissed by order dated May 22, 1984. It was held by the Tribunal that the finding recorded by it is only one of fact and no referable question of law arises out of the order of the Appellate Tribunal. Thereafter, the assessee has filed this original petition under section 256(2) of the Income-tax Act. We have heard counsel for the petitioner as also counsel for the responde....