I.T.R. No. 52 of 1994 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH I.T.R. No. 52 of 1994 Date of decision: 25.01.2007 The Commissioner of Income Tax (Central), Ludhiana ..........Applicant Versus Shri Pawan Kant, and Sons Munjal Sales Corporation, G.T. Road, Ludhiana ...........Respondent CORAM:HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S.K.Garg Narwana, Advocate for the Revenue Mr. Rohit Sud, Advocate for Mr. Akshay Bhan, Advocate for the Assessee -.- M.M. KUMAR , J. (Oral) On the application made by the Revenue, the Tribunal has referred to the following question of law in I.T.A. No. 111/Chandi/1989 for the assessment year 1985-86:- “ Whether, on the facts and in the circumstances of the case, the I. T. A.T. was right in law in holding that the property received by the assessee on partial partition and accretions thereto belonged to the assessee HUF and that the income flowing therefrom was assessable in the hands of the HUF?” Learned counsel for assessee has pointed out that the aforementioned question has been answered in favour of the assessee and I.T.R. No. 52 of 1994 -2- against the revenue in I.T.R. No. 7 of 1989 by a Division Bench of this Court. We have perused the order passed by the Division Bench of this Court in I.T.R. No. 7 of 1989, decided on 30.08.2004 and find that the contention raised by learned counsel for the assessee is meritorious and deserves to be accepted. The aforementioned position has not been successfully disputed by learned counsel for the revenue. In view of the above, the question is answered against the revenue and in favour of the assessee. This reference is , accordingly, disposed of. (M.M. KUMAR) JUDGE (RAJESH BINDAL) JUDGE JANUARY 25, 2007 mohan