Judgment

JAGANMOHAN REDDY, J.:-(On behalf of himself and Khanna and Dua JJ.) These are appeals by certificate from a common judgment of the Madras High Court rendered in three references under Section 66 (1) of the Income-tax Act, 1922 (hereinafter called the Act ) pertaining to assessment years 1953-54, 1954-55 and 1955-56. In the reference relating to the first assessment year three questions (and) in respect of the last two, two questions were referred by the Tribunal. The three questions relating to the first reference are:

1. Whether on the facts and in the circumstances of the case, the Tribunal is right in its view that the Commissioner of Income-tax had jurisdiction to revise the order of refund?

2. Whether on the facts and in the circumstances of the case, the Tribunal is right in its view that the order of refund under Section 48 read with Section 49-D is independent and distinct from the assessment order ?

3. Whether on the facts and in the circumstances of the case, the Tribunal is right in confirming the computation of relief as modified by the Commissioner?

In the reference relating to the last two assessment years, the questions were:

1. Whether on the facts and in the ci