1985 (1) TMI 129

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..... entre at Chowk Bazar, Kairana, is also run as the proprietary business of Shri Ravinder Kumar. While completing the assessment for the asst. yr. 1978-79 in the case of M/s Singhal Saree Centre the ITO held that the said business belonged to the assessee HUF namely Shri Daya Ram. Thereupon the CIT issued notice to the assessee under s. 263(1) of IT Act to show cause as to why those assessment shoul .....

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..... the assessee. But that opinion of the ITO was not conclusive being challenged by the assessee before the appellate authorities. It is also contended that the facts of the case of Ravinder Kumar for asst. yr. 1978-79 are entirely different from that of asst. yr. 1978-79 when Shri Ravinder Kumar attained majority. As such the order of the CIT is liable to be cancelled. On the other hand, Shri P. K. .....

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..... 9 but in doing so the CIT did not give reasonable opportunity to the assessee to rebut the findings of the ITO. Since the assessee had contested that finding in appeal before the appellate authorities it is proper that the CIT should have given reasonable opportunity to the assessee to disprove the findings of the ITO for asst. yr. 1978-79 in the case of Ravinder Kumar. The CIT(A) in fact took not .....

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