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TMI Blog1965 (1) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... i Dassi, his nephew Anath Krishna Laha and one Radha Kanto Paul as executrix, executors and trustees of his will. He bequeathed his business solely to his said nephew and devised and dedicated rights in his properties both movable and immovable and all the rest and residue of his estate including the outstandings of his business to various religious and charitable trusts. He further directed thereby that his executrix, executors and trustees should stand possessed of all his properties both movable and immovable upon trust to collect all his assets and spend ₹ 5,000/- for the purpose of his Adyashradha ceremony and the sum of ₹ 2500/-for the similar ceremony of his wife and erect three temples on premises Nos. 11/2 and 11/3, Bab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt or other approved securities. There was a further direction that the executrix, executors and trustees should invest the surplus income in any manner that might appear to them gate and proper and devote the income thereof for the purpose of other religious and charitable acts as they would think fit. 3. Probate of the will was taken out on March 19, 1921. The Tribunal found that the administration of the estate was complete at or about the time relevant to the assessment year 1947-48. In response to a notice under Section 34(1) (a) Anath Krishna Laha filed a return as executor for the assessment year 1949-50 showing an income of ₹ 1610/-. He claimed that the income from the estate should be taxed individually in the hands of the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll or any of the requirements which may be included in a notice under Sub-section (2) of Section 22 where he has reason to believe that by reason of the omission or failure on the part of an assessee to make a return of his income under Section 22 for any year or to disclose fully and truly all material facts necessary for his assessment for that year, income, profits or gains chargeable to Income Tax have escaped assessment for that year, or have been under-assessed or assessed at too low a rate, or have been made the subject of excessive relief under the Act, or excessive loss or depreciation allowance has been computed. Anath Krishna Laha undoubtedly played the dual role of executor and trustee for many years after the death of Joggeswar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the previous year of every individual, Hindu undivided family, company and legal authority and of every firm and other association of persons or the partners of the firm or the members of the association individually. From this an inference was sought to be drawn that it must be specified in the notice whether the assessee was an individual or Hindu undivided family or a company etc. In my opinion, this has got nothing to do with the validity of the notice under Section 22 or Section 34 where a person is described as an executor to the estate or as a trustee under a will. In his return the assessee has merely to give the particulars of the Income of the estate and other details which the form requires him to furnish. If he is a trustee a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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