COMMISSIONER OF INCOME TAX vs M. P. BIDI LEAVES and CO.

J. S. Verma, J. - The question of law referred under s. 256(1) of the IT Act, 1961 and at the instance of the Revenue, is as follows :

"Whether, on the facts and in the circumstances of the case, the assessee-firm was entitled to renewal of registration under s. 184/186 for the year under consideration ?"

The relevant assessment year in the present case is 1976-77 in respect of the same assessee, the same question was referred for decision of this Court relating to asst. yr. 1972-73 and 1973-74 on the same set of facts. The decision of this Court reported in Commissioner of Income Tax Vs. M.P. Bidi Leaves and Company, for these earlier year 1972-73 and 1973-74 was in the affirmative in favour of the assessee-firm. It was held that the assessee firm was entitled to the continuation of registration under s. 184/186 of the IT Act for those years. It is not disputed that following the earlier decision relating to the same assessee reported in Commissioner of Income Tax Vs. M.P. Bidi Leaves and Company, this reference also has to be answered in the assessees favour.

Consequently the reference is answered in favour of the assessee and it is held that the assessee-firm was entitled to renewal of registration under s. 184/186 of the IT Act for the asst. yr. 1976-77. No order as to costs.