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TMI Blog1972 (6) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax Act, 1922 : "1. Whether, on the facts and in the circumstances of the case, the reopening of the original asessments for the assessment years 1957-58 to 1959-60 under section 34(1)(b) of the Income-tax Act, 1922, is correct in law ? 2. Whether, on the facts and in the circumstances of the case, the assessment of the income of the house property and of the business of Palaniappa Match ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee and his sons later acquired a new business called Palaniappa Match Works at Alathur, and certain assets in foreign countries. Subsequently on October 5, 1953, there was a partition between the assessee and his sons in which the business of National Match Works, Palaniappa Match Works and the foreign assets as also other properties came to be divided between them. The assessee got a house ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... siness allotted to the assessee at the partition the assessment had wrongly been made in the status of a Hindu undivided family and that he should have been properly assessed in his status as an individual along with his other income. In that view proceedings were initiated under section 34 of the Act. The assessee challenged not only the legality and propriety of the proceedings initiated under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcener belongs to the Hindu undivided family of himself, his wife and minor daughters and cannot be assessed as his individual property for the purpose of wealth-tax. Though that decision was rendered under the provisions of the Wealth-tax Act, the legal position set out therein is applicable to the facts of this case also. We, therefore, answer the second question in the negative and in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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