9911796707
|
Home
Issues involved: Application u/s 256(2) of the I.T. Act, 1961 for determining whether the ITO was entitled to tax the respondent-assessee as an association of persons for the assessment year 1976-77.
Judgment Details: The judgment delivered by KANIA J. addressed the application under s. 256(2) of the I.T. Act, 1961. The main issue was whether the ITO was justified in taxing the respondent-assessee as an association of persons. The order of assessment in question was passed on March 20, 1979, after the individual assessment of the three members of the association. The Circular of the Central Board of Direct Taxes, as referenced in the judgment of the Gujarat High Court, emphasized that once an individual's share of income from an association has been assessed directly, the ITO cannot reassess the same income in the hands of the association. This principle applies to assessments under both the Indian I.T. Act, 1922, and the I.T. Act, 1961. The Circular mentioned in the judgment is binding on the I.T. Department based on the Supreme Court decisions in Navnit Lal C. Zaveri v. K. K. Sen, AAC of LT. and Ellerman Lines Ltd. v. CIT. Consequently, it was concluded that the ITO was not authorized to tax the assessee as an association of persons in this case. Therefore, the first question for reference was deemed academic, as the outcome would remain the same regardless of the validity of the revised return. As a result, the rule was discharged with costs.
|
