9911796707
TMI Blog1992 (10) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner was assessed to income-tax. An appeal was filed against the assessment order and the assessment was set aside. Consequently, fresh assessment was made and according to the petitioner, the demand was substantially reduced. It is also the petitioner's case that as per the original assessment order which was made on March 27, 1971, the petitioner was assessed to pay income-tax of Rs.. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner, so many items were offered as security since the assessing authority did not accept the valuation of the properties as claimed by the petitioner and insisted that all these title deeds should be deposited. Exhibit P-3 is the letter dated October 30, 1971, given by the petitioner along with the deposit of title deeds. The petitioner alleged that she paid the tax as per the revised order. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lleged that the petitioner is not a partner of any of the firms in which the petitioner's husband and children are partners. She also pointed out that the Income-tax Department has treated all the properties, the documents of title of which were deposited with the Department, as the properties of the petitioner and she was assessed to wealth-tax on that basis. It is averred that in the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curity in respect of these properties by depositing the title deeds. Learned counsel for the petitioner invited my attention to a decision rendered by a Division Bench of this court in W. A. No. 221 of 1990 (N. S. Vijayaraghavan v. CIT [1993] 202 ITR 24). Almost in a similar situation, the Division Bench held that there was no indication to show that it was towards the liability of any person oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an the son of the petitioner herein. In my view there is substance in the contention raised by learned counsel for petitioner. There is nothing to show that the documents were deposited by the petitioner by way of security for arrears of her husband or any partners of the firms in which her husband and children were partners. There is no contention that there are any arrears due from the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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