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Issues involved:
The issue involves the cancellation of assessment made by the Wealth-tax Officer in the status of an individual based on the returns filed in the status of an association of persons. Judgment Details: The Income-tax Appellate Tribunal, Allahabad, referred the question of law to the High Court regarding the cancellation of assessment made by the Wealth-tax Officer in the status of an individual based on the returns filed in the status of an association of persons. The assessment years involved were 1957-58 to 1976-77. The assessee contended that no wealth-tax was chargeable on an association of persons, but the authorities assessed the assessee in the status of an individual. The Appellate Tribunal held that an association of persons is different from an individual, and a return filed in the status of an association of persons cannot be treated as a return in the status of an individual. As no notice was issued to file a return in the status of an individual, the assessments were cancelled. The Commissioner of Wealth-tax appealed to the High Court, arguing against the cancellation of assessments. The court noted that an association of persons is a chargeable entity different from an individual. The introduction of section 21AA of the W.T. Act, applicable from 1981-82 onwards, authorized wealth-tax on associations of persons in certain circumstances. As this provision was not applicable for the assessment years in question, the voluntary return filed as an association of persons could not be treated as a return in the status of an individual. The Wealth-tax Officer should have issued a notice under section 14(2) of the W.T. Act if the correct status for assessment was that of an individual, which was not done in this case. The court upheld the Tribunal's decision and ruled in favor of the assessee. In conclusion, the High Court answered the question in favor of the assessee and against the Department. The assessee was awarded costs amounting to Rs. 200.
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