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1987 (9) TMI 27 - HC - Income Tax

Issues involved:
The judgment involves issues related to the validity of notices and proceedings u/s 147(a), jurisdiction of the Income-tax Officer, and the treatment of income as that of a Hindu undivided family.

Summary:

Issue 1: Validity of notices and proceedings u/s 147(a)
The assessee challenged the jurisdiction of the Income-tax Officer u/s 147(a) and the validity of notices issued under section 148 before the relevant authorities. The Tribunal's decision not to allow objections regarding jurisdiction was deemed incorrect as the objection of jurisdiction should be decided first. The Tribunal was directed to reconsider this point.

Issue 2: Jurisdiction of the Income-tax Officer
The Tribunal was found to be legally incorrect in not allowing objections regarding the jurisdiction of the Income-tax Officer to be raised. The objection of lack of jurisdiction should be decided first before other questions are addressed. The case was to be sent back to the Tribunal for reconsideration on this point.

Issue 3: Treatment of income as that of a Hindu undivided family
The Tribunal's decision regarding the treatment of income from different sources as that of a Hindu undivided family was not specifically addressed in the judgment due to the primary focus on the jurisdictional issue.

Overall, the judgment highlighted the importance of addressing jurisdictional objections first and emphasized the need for the Tribunal to reconsider the matter in light of the legal principles outlined.

 

 

 

 

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