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2004 (2) TMI 39 - GUJARAT HIGH COURTIncome of the assessees from the partnership firm – Previous year - "Whether, Tribunal is right in cancelling the order passed by the CIT u/s 263 wherein he had held that the income of the period, i.e., November 16, 1982, to March 31, 1983, is to be taxed in the AY 1984-85 since the assessee was not allowed to change the previous year?" - we find that the income of each of the assessees for the Samvat year 2038 was higher than the income for the Samvat year 2039 with the result that by taking out the income for the period November 16,1982, to March 31,1983, from the assessment year 1983-84 and adding it to the income in the Samvat year 2039 corresponding to the AY 1984-85, the assessees would not have been required to pay tax at a higher rate. In this view of the matter also, there is no question of any prejudice having been caused to the Revenue. – Tribunal rightly cancelled Commissioner’s order – Revenue’s appeal dismissed
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