(1) THESE appeals by special leave are against the common order dated 8/03/1976 rejecting three application Nos. 68, 69 and 70 of 1975 made by the appellant under Section 236(2 of the Income Tax Act, 1961 for an order directing the Income Tax Appellate tribunal to state a case and refer the question of law arising out of the tribunals order for the decision of the High court. The question of law is as under: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that notice served on 10/04/1962 under Section 34 of the Indian Income Tax Act, 1922, after the coming into force of the Income Tax Act, 1961, and the proceedings commenced in pursuance of the said notices and the orders passed therein were invalid and bad in law?"

(2) THE High court rejected these applications taking the view that the matter was concluded by a decision of this court as indicated in the Tribunals order rejecting the appellants applications made under Section 256(1 of the Act wherein it was stated that the question of law is concluded by the decision in Banarsi Debi v. ITO

(3) HAVING heard both sides we are of the opinion that the High cour