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TMI Blog1986 (2) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... olding that the provisions of penal interest under section 217 of the Income-tax Act, 1961, were not attracted in this case and in deleting the penal interest charged under section 217 of the Act ? " The Commissioner of Income-tax had suggested another question for our opinion, which is question No. 2 mentioned in the paper book, namely, whether, on the facts and in the circumstances of this case, the Tribunal was correct in law in entertaining an appeal against the levy of penal interest under section 217 of the Income-tax Act, 1961 ? The Tribunal, however, did not refer this question for our opinion, as it did not arise out of the order of the Tribunal. The first question referred to us is concluded by our decision in CIT v. Maharaja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed his return as Hindu undivided family. Since he had been assessed earlier as individual, the Department did not accept his assertion of his status as Hindu undivided family and assessed him as an individual. The assessee kept on agitating this matter year after year until the Tribunal held that the assessee could not be assessed as individual, but had to be assessed as Hindu undivided family, upholding the stand and assertion of the assessee. The question is whether the assessee was liable to file an estimate of advance tax for the reason that he was a member of the Hindu undivided family, the income of which fell within the mischief of section 208 of the Income-tax Act, 1961. It is not in controversy that if the assessee in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) a local authority, and (vii) every artificial juridical person not falling within any of the preceding sub-clauses;" It would thus be seen that for the purposes of assessment, an " individual " is different from " a Hindu undivided family ". In the taxation world, therefore, " an individual " is a separate and distinct entity from " a Hindu undivided family " or a " firm " or " an association of persons ". The status being different, one category cannot be misunderstood for another. An " individual " can be assessed as " individual " as also as a member or karta of a Hindu undivided family. He would fill dif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue was estopped from contending that the assessee had not been previously assessed. regret, this submission is fallacious. The assessee himself claimed to be Hindu undivided family. His stand was not accepted by the Income-tax Officer. The assessee did not rest with the verdict of the Income-tax Officer. He challenged his status in appeal to the Appellate Assistant Commissioner as well as before the Tribunal and succeeded in obtaining a verdict that his stand to be treated as Hindu undivided family was correct. The assessee, therefore, at all times treated himself as Hindu undivided family and his claim was upheld. In that view of the matter, the assessee himself is estopped from contending that he had been assessed earlier. The submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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