IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX REFERENCE NO. 72 OF 1972. TAX REFERENCE NO. 72 OF 1972. TAX REFERENCE NO. 72 OF 1972. The Commissioner of Income-tax, Bombay City-V, Bombay. ... Applicant. V/s. Shri Late D.A. Thackersay ... Respondent. Shri A.N.Kotangale with D.A.Dubey i/b S. Bhattacharya for the applicant. None for the respondent. CORAM CORAM CORAM : V.C.DAGA AND A.S.AGUIAR, JJ. : V.C.DAGA AND A.S.AGUIAR, JJ. : V.C.DAGA AND A.S.AGUIAR, JJ. DATED DATED DATED : : : 18.7.2005 18.7.2005 18.7.2005 P.C. P.C. P.C. : : : ---- ---- ---- . By this reference under section 256 of the Income-tax Act, 1961, the Income Tax Appellate Tribunal has referred the following questions of law for the opinion of this Court: 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the provisions of section 168 of the Income-tax Act were not applicable in the case and in consequently cancelling the assessments made in the hands of the estate through the executor. . Learned Counsel appearing for the Revenue fairly states that the issue referred is covered by the judgment of this Court in the case of C.I.T. C.I.T. C.I.T. vs. vs. vs. Usha D.Shah repoprted in (1981) 127 ITR Usha D.Shah repoprted in (1981) 127 ITR Usha D.Shah repoprted in (1981) 127 ITR 850(Bom.). 850(Bom.). 850(Bom.). Accordingly, the question is answered in the affirmative i.e. in favour of the assessee and against the Revenue. . Reference stands disposed of with no order as to costs. (A.S.AGUIAR, (A.S.AGUIAR, (A.S.AGUIAR, J.) J.) J.) (V.C.DAGA, (V.C.DAGA, (V.C.DAGA, J.) J.) J.)