9911796707
TMI Blog1978 (11) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... the memoranda of appeal, I find that the matter is very simple and needs no elaboration in respect of those grounds. The assessee filed returns in response to notice under s. 147 r/w s. 148 for the asst. yrs. 1966-67 and 1967-68 and for the rest of the years in response to notice under s. 139 (2). While filing the returns she had disclosed income from two properties, one is in respect of the prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts as unexplained deposits for some years where the deposits were found in her account. The assessee filed appeals before the AAC and raised by the assessee were not directly against the issue as whether the property at 3, Rabinson Street should be assessed in her hands or not the additional grounds were taken before the AAC precisely challenging the inclusion of the income from that property. Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition in the High Court challenging the assessments on various grounds. 5. In my opinion, it is not necessary to deal with the above aspect inasmuch as I am setting aside the assessments for the reasons mentioned hereunder. I find that the assessments have been made on a very wrong basis altogether. When the assessee herself stated that the property at 3, Rabinson Street is a trust property, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been made now by including the income from the property at 3, Rabinson Street., In my opinion, the matter has not been dealt with at all by the ITO as well as the AAC. It was specifically brought to the notice of the ITO that the property was a trust property. The plea is supported by a registered trust deed and this fact was also noted by the ITO. Mere fact that the assessee showed the income by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
