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2002 (11) TMI 71 - MADRAS HIGH COURT"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in annulling the assessment on the ground that the Assessing Officer has no jurisdiction to make the assessment under section 147(a)?" We hold that the finding of the Appellate Tribunal that merely because the assessments were made in the hands of the minors, there is no escapement of income is not sustainable and we are unable to sustain the said finding of the Appellate Tribunal. Accordingly, we hold that the reassessment proceedings were properly initiated. The result is that the matter has to go back to the Appellate Tribunal to consider the question on the merits of the matter. - Accordingly, we answer the common question of law referred to us in the negative, in favour of the Revenue and against the assessee.
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