9911796707
TMI Blog1987 (1) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... ra, really belongs to Shri Ramesh Chandra Mundra and the income from the said business was assessable in his individual capacity ? 2. Whether the Tribunal after its finding that the business of Subhash Medical Stores belongs to Shri Ramesh Chandra Mundra was justified in treating the contention of the assessee meaningless that the assessee should have been given an opportunity by the Income-tax Officer to file Form No.11 ? 3. Whether the learned Tribunal was correct in law in sustaining accordance of status of unregistered firm to the appellant ? " The question of law referred at the instance of the Revenue is the following, namely: " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating the same to be a sole proprietary concern of Ramesh Chandra Mundra, who has been assessed as an individual. It has been held that the material present for this assessment year as well is identical and there being no other material to take a different view, the conclusion reached for the earlier assessment years must be followed even for the assessment year 1964-65. It may be mentioned that in the assessee's appeal challenging the status in which the assessment was made as well as its tax liability and the quantum, grievance was also made against the interest which had been levied. The Tribunal has held that the appeal is competent for challenging the levy of interest, rejecting the Revenue's contention that the appeal was not maintain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by virtue of the authority given by the partners who had the right to take policy decisions. It was further held that there was no satisfactory material before the Tribunal to come to the conclusion that the partnership firm constituted by the deed was not genuine. Accordingly it was held that the Tribunal was not justified in refusing registration to the assessee-firm and in making the assessment in the status of an individual treating the concern to be the sole proprietary concern of Ramesh Chandra Mundra. As earlier indicated, the facts of the present case are identical and so is the material on which the same point is to be decided by us for the relevant assessment year 1964-65. Following the earlier decision in Subhash Medical Stores' ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
