(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. This is an Income Tax Reference, whereby the tribunal has referred the following question for the consideration of this Court;
"Whether the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to treat the assessee as registered firm, when one of the partner was a partner in dual capacity, namely, as an individual and as representative of HUF? "
2. We have heard, Mr. Manish R. Bhatt, learned Counsel for the appellant, at length. The controversy involved in this Reference is covered by a decision of the Apex Court in "CIT VS. BUDHALAL AMULAKHDAS", reported in (1981) 129 ITR 97.
3. For the aforesaid reasons, the questions referred to us is answered in affirmative in favour of the assessee and against the appellant-Revenue. The reference is DISPOSED OF, accordingly. No order as to costs.
(V. M.
SAHAI, J.) (N.V.
ANJARIA, J.) Umesh/ Top