1984 (9) TMI 25

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..... ent years 1974-75, 1975-76 and 1976-77, one in his capacity as Hindu undivided family and the other in his individual capacity certain income was shown by the opposite party in these returns as belonging to Hindu undivided family. The Income-tax Officer, however, did not accept the contention of the opposite party in this behalf and treated that income as his individual income. Against the assessm .....

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..... dual capacity, which indeed had been done in order to give effect to the order passed by him in the appeals filed by the opposite party as Hindu undivided family. These three appeals were dismissed by the Tribunal by its order dated May 1, 1982. The Tribunal took the view that even though the order passed by the Appellate Assistant Commissioner in the cases of Hindu undivided family did not operat .....

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..... bove with the prayer that three questions of law mentioned in the applications may be referred to this court for its opinion. These applications were dismissed by the Tribunal by its order dated December 17, 1982. The Tribunal has taken the view that once the Appellate Assistant Commissioner had accepted the assessment as regular in the cases of Hindu undivided family, the income assessed in the h .....

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..... sel for the parties, we are of the opinion that in view of the facts mentioned in the appellate order of the Tribunal, even though principles of res judicata are not applicable in assessment proceedings, the order of the Appellate Assistant Commissioner holding that the income mentioned above was of the Hindu undivided family could be taken into consideration by the Tribunal in the appeals filed b .....

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..... eturns for several years even after objecting to the inclusion of that income in his total income in the assessment year 1942-43, in the absence of any satisfactory explanation, is undoubtedly a circumstance which the taxing authorities were entitled to take into consideration. In this view of the matter, we are of opinion that no exception can be taken to the view taken by the Tribunal and the qu .....

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