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This circular set out in the above paragraph is binding on the Income-tax Department as per the decisions of the Supreme Court in the cases of Navnit Lal C. Javeri v. K. K. Sen, AAC of I.T. [1965] 56 ITR 198 and Ellerman Lines Ltd. v. CIT [1971] 82 ITR 913. In view of this, it is clear that the Income-tax Officer was not entitled, in the facts and circumstances of the case, to tax the assessee as an association of persons. In view of this conclusion, question No. 1 sought to be referred becomes academic because the same position would prevail whether the revised return was valid or not. "