9911796707
TMI Blog1993 (3) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-Tax Appellate Tribunal to refer the following one question, stated to be the question of law, arising out of its order dated 4th March, 1992 in ITA No. 2609/Delhi of 1988 pertaining to the assessment year 1983-84 for the esteemed opinion of Hon'ble High Court : "Whether on the facts and in the circumstances of the case, the ITAT was correct in law in dismissing the appeal of the department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the revenue but the Tribunal had accepted this claim made by the heirs. The Department is in reference before the Hon'ble High Court on this point regarding basic controversy as to the existence of the Bigger HUF. 3. While making the assessment, the assessing officer, adopted the share of income includible in the assessment of the assessee, subject to rectification at nit. This was deleted by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upreme Court. However, on going through the orders we find that before the Tribunal the issue proceeded on the basis that there did exist Bigger HUF and since in the case of Bigger HUF no order under section 171 of the Act was passed, smaller HUFs within the Bigger HUF could not be assessed to tax on any income arising on account of assets held by the bigger HUF. Whereas the controversy and the is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad with Explanation 3 of the Act. Explanation 3 provides that where, by any of the orders referred to in section 153(3)(ii), any income is excluded from the total income of an assessee holding it to be the income of another person, then, an assessment of such income on such other person shall be deemed to be one made in consequent of or to give effect to any finding or directions contained in that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings by not making unnecessary reference to the Hon'ble High Court since the power already existed in the statute enabling the income-tax authorities, to modify the assessment of the assessee. Considering this contention we hold that no reference be made as no useful purpose will be served because now in case the assessment is required to be modified in future because of the decisions of the Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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