9911796707
TMI Blog1991 (11) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... to as " the Act " only), pertaining to the assessment years 1969-70 and 1970-71 involving the following question of law : " Whether, on the facts and in the circumstances of the case, the original assessment by which the share income of the assessee from the firm, M/s. Karmandana and others, amounting to Rs. 10,636 and Rs. 21,436 for the assessment years 1969-70 and 1970-71, respectively, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 36, respectively, for both the assessment years, i.e., 1969-70 and 1970-71, in his hands in his status as " individual ". Aggrieved by the said order, the petitioner preferred an appeal to the Appellate Assistant Commissioner. The Appellate Assistant Commissioner took the view that since this question had already been decided by the Income-tax Officer pursuant to the order of remand passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thers, on his death on December 2, 1968, and since the income from this firm has already been treated by the Department as income of the Hindu undivided family of the assessee, it is not possible to give a different character to this very income for the assessment years under consideration. It has been contended by Mr. L. N. Rastogi, learned senior counsel for the Department, that, if the capita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be raised at the reference stage. Under section 256(2) of the Act, only a question of law arising out of the facts found by the Tribunal can be considered for the purpose of rendering an opinion to the Tribunal. Keeping in view these aspects, the decision of the Supreme Court, referred to by learned counsel for the Department, is of no avail on the facts and in the circumstances of the present cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew this legal aspect, in my considered view, there was nothing wrong on the part of the appellate authorities in entertaining the objection of the assessee to the effect that his share income from the firm, M/s. Karmandana and others, could not have been legally assessed in his hands as his individual income. Keeping in view the discussions made above, the question referred to this court is ans ..... X X X X Extracts X X X X X X X X Extracts X X X X
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