1977 (7) TMI 23 - HC - Income Tax

Summary

Issues Involved:
1. Validity of assessment on an HUF for the assessment year 1955-56.
2. Validity of assessments for the years 1958-59 to 1962-63 in the status of HUF.

Summary:

Issue 1: Validity of Assessment on an HUF for the Assessment Year 1955-56
The Tribunal misdirected itself by not drawing the "irresistible inference" from the facts that the notice of demand was duly served on the assessee. The Tribunal erred by considering the counsel's statement as evidence, which claimed that Phool Singh was not authorized to receive the notice. The Tribunal should have relied on the acknowledgment receipt indicating proper service. The Tribunal also erred by considering a misleading note regarding the assessee's name. The Tribunal failed to appreciate that the assessment order need not be signed, as per s. 23(3) and s. 29 of the I.T. Act, 1922, which only require the assessment to be in writing and the notice of demand to be served. The Tribunal's conclusion that the assessment was invalid due to the lack of a signed assessment order and improper service of the demand notice was incorrect. The court concluded that the assessment for 1955-56 was validly made on the HUF.

Issue 2: Validity of Assessments for the Years 1958-59 to 1962-63 in the Status of HUF
Given the affirmative answer to the first question, the assessments for the years 1958-59 to 1962-63 in the status of HUF were also valid. The Tribunal failed to recognize that under s. 25A(1) of the Indian I.T. Act, 1922, the family continued to be assessed as an HUF since no partition order was recorded by the ITO. Therefore, the assessments for these years were deemed valid.

Conclusion:
Both questions were answered in the affirmative, validating the assessments for the years in question. There was no order as to costs.