9911796707
|
Home
Issues:
Assessment of income on a disrupted body of individuals due to the death of a member, validity of assessment on a body of individuals under the Portuguese Civil Code of 1860, applicability of section 5A of the Income-tax Act, 1961 to spouses governed by the system of community property, authority of the Income-tax Officer to make an assessment on a dissolved association of persons, issuance of notice when an association of persons is dissolved. Analysis: The High Court of BOMBAY was presented with a reference under section 256(1) of the Income-tax Act, 1961, regarding the validity of income tax assessment on a disrupted body of individuals due to the death of a member. The dispute revolved around the assessment for the year 1974-75 of Shri and Smt. Jose Filipe Alvares, husband and wife under the system of community of property governed by the Portuguese Civil Code of 1860. The Income-tax Officer had assessed their income as a "body of individuals," which was contested by the assessee on the grounds that the body of individuals ceased to exist after the death of a member. The Appellate Assistant Commissioner upheld the assessment, but the Tribunal ruled in favor of the assessee, stating that the assessment on the dissolved body of individuals was invalid due to the unique nature of the Portuguese Civil Code's application to husband and wife relationships. The court noted that the law had changed with the insertion of section 5A in the Income-tax Act, 1961, by the Finance Act of 1994, retroactively from April 1, 1963. Section 5A specifically addressed the assessment of income for spouses governed by the Portuguese Civil Code, mandating equal apportionment of income between husband and wife under each head of income, thereby rendering the original question academic. The court directed a fresh examination of the matter in light of section 5A. Regarding the authority of the Income-tax Officer to assess income on a disrupted association of persons, section 177 of the Act empowered the Officer to make such assessments as if no dissolution had occurred. Similarly, section 283(2) dealt with the issuance of notices when an association of persons is dissolved, allowing for the service of notices on members immediately before dissolution. The court, therefore, declined to answer the original question and remitted the matter back to the Tribunal for reconsideration in accordance with section 5A of the Act, ultimately disposing of the reference without costs.
|
