K. Shivashankar Bhat, J.—Out of the three references, in the fi rst reference, the assessee is a firm. In the other two references, the partner of the said firm is the assessee

2. The following questions are referred to us under the provisions of the Income Tax Act, 1961, for our opinion :

"(1) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the assessee's activities did not amount to business ?

(2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the Income Tax Officer's action under section 147(b) on the basis of audit objection amounted to 'change of opinion' ?

(3) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the assessee's activity did not amount to business ?

Assuming, but not admitting, that the firm's activity amounted to profession, whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in holding that section 64(1)(i) was not attracted ?"

3. The first question arises in the case of the firm while the other two questions pertain to the assessee in the other tw