1986 (12) TMI 95

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..... l the properties, cash etc. held by the Karta were his self-acquired properties and he had been assessed as individual right from the year 1951-52. He was proprietor of the business till year 1964-65 and in 1965-66, the firm was formed by him along with his son. The money stated to have been the source of the present income was received by the assessee in pursuance of Will, but there was no HUF an .....

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..... tective assessment and the matter was restored back to the AAC for fresh decision. To my mind this order is wholly erroneous in law and overlooks the clear provisions of s. 246 of the IT Act. The only provision purporting to permit an appeal against an order of assessment is cl. (c) of s. 246(1), according to which an appeal lies only when an order is passed against the assessee and where the asse .....

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..... arlier order of the Tribunal does not take into consideration this aspect of the matter at all. I, therefore, am of the opinion that at this stage there is nothing for me to interfere with the order of the AAC. However, after the assessment in the hands of Shri Jhamaklal in his individual capacity is finalised and the income in question is either added or deleted from his hands, the assessee would .....

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