1980 (3) TMI 31 - HC - Income Tax

Summary

Issues:
1. Validity of notice under sections 148 and 147 of the Income Tax Act for the assessment year 1967-68.
2. Clubbing of income from different sources in the total income of the petitioner's husband under section 64 of the Income Tax Act, 1961.
3. Opportunity of being heard before passing the order excluding income from the petitioner's total income.
4. Application of section 150 of the Income Tax Act for assessment beyond the prescribed period of limitation.

Analysis:
1. The High Court of Allahabad dealt with the validity of a notice issued under sections 148 and 147 of the Income Tax Act for the assessment year 1967-68. The petitioner, the wife, challenged the notice on various grounds, including the lack of opportunity to be heard before the Tribunal passed the order excluding income from her total income. The Tribunal's order excluded income from the husband's total income, deeming it to be the wife's income, without affording her a hearing, which was a violation of statutory provisions.

2. The issue of clubbing income from different sources in the total income of the petitioner's husband under section 64 of the Income Tax Act was raised. Initially, the Income Tax Officer (ITO) added the petitioner's income from royalty and Garraiya Bazar to the husband's total income. However, the Appellate Assistant Commissioner (AAC) and the Tribunal held that this income belonged to the wife and could not be clubbed with the husband's income under section 64(iii) of the Income Tax Act, 1961. The Tribunal's order excluded this income from the husband's total income, considering it to be the wife's income.

3. The High Court analyzed the requirement of providing an opportunity of being heard before passing an order excluding income from the petitioner's total income. The court referred to section 150 of the Income Tax Act, which allows assessments in consequence of findings or directions in appeal orders. The court highlighted Explanation 3 of section 153, emphasizing that the wife should have been given an opportunity to be heard before the Tribunal passed the order excluding her income from the husband's total income. Since the petitioner was not afforded this opportunity, the exclusion did not fall within the purview of section 150.

4. The court examined the application of section 150 of the Income Tax Act for assessments beyond the prescribed period of limitation. The revenue sought to bring the case within the scope of section 150 to overcome the limitation bar. However, the court held that section 150 did not apply in this case due to the non-compliance with Explanation 3 of section 153, as the petitioner was not given a hearing before the Tribunal's order excluding her income from the husband's total income. Consequently, the court quashed the impugned notice for the assessment year 1967-68 and allowed the writ petition in favor of the petitioner, who was also entitled to costs.