J.V.Gupta, J.

1. These two references Nos. 66 and 67 of 1975, arising out of an order of the Income-tax Appellate Tribunal, Chandigarh Bench (hereinafter called " the Tribunal"), dated September 3, 1974, have been made under Section 256(1) of the I.T. Act, 1961, at the instance of both the parties, that is, the assessee as well as the Revenue. The Tribunal has referred the following questions of law for the opinion of this court, vide its order dated June 17, 1975 :

"(i) Whether, on the facts and circumstances of the case, the Appellate Tribunal was justified in law in setting aside the order of the Additional Commissioner instead of remitting the case to him for a fresh decision on the matter by him ?

(ii) Whether, on the facts and circumstances of the case, the Tribunal was right in law in holding that the action of the Income-tax Officer in recording the impugned certificate of registration could not be said to be erroneous on account of distribution of loss by the assessee-firm in a ratio different from the one indicated in the instrument of partnership dated October 25, 1964 ?

(iii) Whether, on the facts and circumstances of the case, the Tribunal was right in law in h