9911796707
TMI Blog1976 (6) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax, Rothak Range, Rothak, on an appeal against s. 143 (3) assessment for the assessment year 1971-72. 2. The assessee's cross-objection is late by two days, but we have satisfied ourselves that the delay was caused by sufficient reasons, and, therefore, it has been condoned. In the cross-objection, however, no relief is sought by the assessee, and it has been filed to support the Appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. Rameshwar Dass Hari Shankar, Ahmedabad, wherein late Smt. Manbhawati Devi was a partner. The assessee before us (Ghansham Dass) became a partner in the said firm with effect from 16th Nov., 1967, and the credit balance in the name of Smt. Manbhawati Devi on 15th Nov., 1967 in the firm, was transferred to the HUF account of Ghansham Dass, the assessee in this appeal. The first assessment, hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dass Mukim was 'Karta', she was not competent to throw her property into the hotch-pot of Ghansham Dass Mukim's HUF. Therefore, the property be-queathed by Smt. Manbhawati Devi in favour of Ghansham Dass Mukim's HUF, belonged jointly to Ghansham Dass Mukim, his wife and their minor daughter, and such property did not acquire the character of joint family property of the HUF constituted by the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ual capacity." For the assessment year 1970-71 also the revenue came up in appeal before the Chandigarh Bench of the Tribunal (ITA No. 607 of 1972-73 dated 26th Sept., 1974) and the Tribunal dismissed the appeal in the following words:- "Facts of this case are similar to those in ITA No. 606 of 1972-73 for the Assessment year 1969-70 except that the relevant previous year in respect of share ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticulars as involved in the assessment year 1969-70 and 1970-71. Such being the case, the Tribunal's earlier decision fully governs this year's appeal also. Being consistent with the view which this Bench has taken in the assessee's case, we hold that the Appellate Assistant Commissioner's decision regarding the deletion of Rs. 33,153 from the taxable income of the assessee suffers from no infirmi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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