2004 (8) TMI 42

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..... order neither any information nor any fresh material was on record, which could have led the Income-tax Officer to form a belief that income has escaped assessment to tax. The Tribunal, therefore, annulled the reassessment proceedings. - Since the reopening of the assessment proceeding appears to be on the basis of a Division Bench decision of this court in the case of Madho Prasad, which has been .....

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..... hpur, in the capacity of a karta of his Hindu undivided family. His wife, Smt. Chameli Devi, is also a partner in the firm. In the original assessment order, the income derived by the wife of the respondent-assessee from the firm was not included in the hands of the respondent-assessee. The Assessing Officer initiated proceedings under section 147/148 of the Act. He recorded the following reasons .....

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..... rn under protest disclosing an income of Rs. 17,580 with remark in part III of the return to the effect that the share income of the wife from M/s. Vijay Picture Palace, Gorakhpur, at Rs. 6,009 was not legally includible in his hands under section 64 of the Act and the proceedings were illegal. It was also stated that the share income had already been assessed in the individual assessment of the s .....

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..... The Appellate Assistant Commissioner presumed the reopening of the assessment to be under section 147(b) of the Act. The objection regarding change of opinion was negatived by him. The respondent-assessee further appealed before the Tribunal. The Tribunal while allowing the appeal had held that after passing of the assessment order neither any information nor any fresh material was on record, wh .....

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..... partnership firm as an individual, i.e., in his individual capacity. It is not attracted where he is a partner as the karta of the Hindu undivided family to which such wife and/or minor children belong. Since the reopening of the assessment proceeding appears to be on the basis of a Division Bench decision of this court in the case of Madho Prasad [1978] 112 ITR 492, which has been subsequently .....

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