Nagendra Prasad Singh, J.

1. These four Taxation cases arise out of four assessment orders passed against the same assesses in respect of four assessment years, 1966-67, 1967-68, 1968-69 and 1969-70. In all the four cases similar question has been referred by the Income-Tax Appellate Tribunal (hereinafter to be referred to as the Tribunal) under Sec.256(1) of the Income-tax Act, 1961 (hereinafter to be referred to as the Act) for opinion of this Court, and, as such, they are being disposed of by a common order. In Taxation case Nos. 28 and 29 of 1974 the question referred to this Court for opinion is as follows:

Whether on the facts and in the circumstances of the case the Tribunal was correct in canceling the orders under Sec.263 of the Income-tax Act for the assessment years 1966-67 and 1967-68.

Same question has been referred to in other two Taxation cases for the two other assessment years.

2 I shall first take up Taxation Case No. 28 of 1974 For the assessment year 1966-67, return was filed on behalf of the assesses on 7-10-1966 before the Income-tax Officer, B Ward, Dhanbad. Later on, this file was transferred to the Income-Tax Officer D Ward who passed the assessment