( 1 ) THESE are two connected applications under Section 256 (2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), in respect of the assessment years 1985-84 and 1984-85. The common question proposed in these applications is as under : "whether in law and on the facts of the case in granting registration to the firm which was wrong and prejudicial to the interests of the Revenue, the Income-tax Appellate Tribunal was correct in cancelling the order of the Commissioner of Income-tax passed under Section 263 of the Income-tax Act, 1961 ?"

( 2 ) WE have heard learned standing counsel for the Revenue. In our opinion, the applications are devoid of any merit and are liable to be rejected.

( 3 ) BRIEFLY, the facts leading to the filing of these applications are that Messrs. Agrawal refrigeration, Jhansi, respondent-assessee, is a partnership firm. Initially, the assessments for the two years in question were made in the status of a registered firm. The Commissioner of income-tax initiated proceedings under Section 263 of the Act and cancelled the assessments directing the Income-tax Officer to make fresh assessments in the status of an unregistered firm.