1986 (2) TMI 43 - HC - Income Tax

Summary

Issues:
1. Determination of the status of the assessee as a Hindu undivided family.
2. Entertaining an appeal against the levy of penal interest under section 217 of the Income-tax Act, 1961.

Analysis:

Issue 1: Determination of the status of the assessee as a Hindu undivided family:
The High Court referred to a previous decision where it was upheld that the assessment of the assessee had to be done in the status of the karta of a Hindu undivided family. The Court found that the Tribunal was correct in determining the status of the assessee as a Hindu undivided family. The assessee had been assessed as an individual in 1952 but later claimed to be assessed as a Hindu undivided family. The Court held that the assessee, being a Hindu undivided family, had not been previously assessed and was liable to pay advance tax.

Issue 2: Entertaining an appeal against the levy of penal interest under section 217:
The Court observed that the assessee had not paid advance tax or filed an estimate thereof, making the provisions of section 217 applicable. The Court disagreed with the Tribunal's decision that penal interest under section 217 was not attracted and held that the assessee was liable to pay interest under the said section. Consequently, the Court answered Question No. 3 in favor of the Revenue and against the assessee.

In conclusion, the Court answered Question No. 1 in favor of the assessee and against the Revenue, Question No. 3 in favor of the Revenue and against the assessee, and Question No. 2 was not referred for an answer. The references were disposed of accordingly, with no order as to costs. The judgment was transmitted to the Income-tax Appellate Tribunal as per the provisions of the Income-tax Act, 1961.