9911796707
TMI Blog1967 (3) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... ars 1958-59 and 1959-60 in the status of a partnership firm. The Income-tax Officer assessed the petitioner in the status of an association of persons. The petitioner appealed against the assessments and the Appellate Assistant Commissioner held that the income of the cinema business belonged to Jyoti Bhushan Gupta as an individual. The case was carried in further appeal to the Income-tax Appellate Tribunal. The Tribunal affirmed the finding of the Appellate Assistant Commissioner and setting aside the assessment orders remanded the case. The order of the Tribunal was made on April 2, 1962. No fresh assessment has yet been made upon the petitioner. The petitioner, however, dissatisfied with the order of the Tribunal, has obtained a referenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Officer to ascertain first the total income of the assessee of the latest previous year in respect of which he has been assessed by way of regular assessment. The amount of capital gains, if any, included in such total income has to be deducted from it and on the balance income-tax and super-tax are calculated at the rates in force in the financial year in respect of which the advance tax is being computed. The income-tax and super-tax so calculated are then reduced by the amount of income-tax and super-tax deductible during that financial year in accordance with sections 192 to 195 on any income included in that total income, and the amount of income-tax and super-tax so calculated is, subject to clauses (b) and (c), the advance tax pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in accordance with the principles set out in the statute. If the computation does not follow the principles set out by the statute, there can be no valid order. Sub-section (1) of section 212 presupposes a valid order under section 210. It contemplates that if a valid order under section 210 is made and the assessee estimates that his income subject to advance tax is less than the income on which he is required to pay such tax and accordingly wishes to pay an amount less than the amount which he is so required to pay he may send to the Income-tax Officer an estimate of the total income and an estimate of the advance tax payable by him. If the order under section 210 is invalid clearly there is no occasion for him to say that his income i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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