( 1 ) THE Income-tax Appellate Tribunal under Section 256 (2) of the I. T. Act, has referred the following question to this court for opinion :

"whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the notice issued under Section 148 of the Income-tax Act, 1961, to the assessee was barred by time ?"

The question relates to the income-tax assessment of M/s. Goel Brothers for the assessment years 1958-59, 1959-60 and 1960-61. M/s. Goel Brothers had filed income-tax return for the aforesaid years in the status of a firm. The ITO took the view that the business carried on in the name of M/s. Goel Brothers actually belonged to M/s. Kanodia Brothers and, consequently, the income returned by M/s. Goel Brothers was included in the income of Kanodia Brothers while making their assessments. Protective assessments were, however, made on M/s. Goel Brothers for all these years in the status of an unregistered firm.

( 2 ) M/s. Kanodia Brothers as well as M/s. Goel Brothers filed appeals to the AAC. M/s. Kanodia brothers pleaded that there was no justification for holding that the business carried on by M/s. Goel Brothers was