9911796707
TMI Blog1980 (1) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... question involved in all appeals is the same, they are heard together and disposed of by a common order. 2. The facts of the case are set out briefly as follows. Originally the entire Mahalakshmi Estimate situated in Mekode Village, Kalkulam Taluk, Kanyakumari District, was owned by Late Ramasubramania Iyer, who died on 13th Nov., 75. Ramasubramania Iyer's wife is Smt. Lakshmiammal. Subramanian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'association of individuals', that the partition had been acted upon, that the entries in mutation had been changed, that they are having separate accounts and balance sheets, that the assessments made as association of persons is incorrect and invalid and that they should be assessed only as tenants in common. They have also questioned some other disallowances by the lower authorities. It was con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not cull out from the orders of the lower authorities whether Ramasubramania Iyer and his wife were holding the lands as tenants in common. As held in the earlier case, the lower authorities have not discussed the status of the assessee properly. It is seen from the assessment order that he assessee claimed the statues as tenants-in-common in pursuance of the partition deed. In response to notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntial requirement is that as between themselves they should have associated together and decided upon the common exploitation of the lands for their common benefit and that the mere fact that all of them had appointed the same person as manager or given the lands on lease to the same person and the manager or lessee was jointly cultivating all the lands would not make the owners liable to be asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellants. While considering the status of the appellants, the Agrl. ITO also will consider whether the disallowances are not proper. 4. In the result, the appeals are allowed and the orders of the lower authorities are set aside and the matter is remanded back to the Agrl. ITO to make a fresh assessment in accordance with our above observations. Institution fee will be refunded in full ..... X X X X Extracts X X X X X X X X Extracts X X X X
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