1994 (7) TMI 46 - HC - Income Tax

Summary

Issues Involved:
The judgment involves the legality of deleting additions in a protective assessment, the determination of the actual earner of income, and the direction for substantive assessment.

Legality of Protective Assessment Deletions:
The Income-tax Appellate Tribunal deleted additions made in a protective assessment, stating that such assessments are not actual assessments in the eyes of the law. They emphasized that additions should only be made in the hands of the person who actually earned the income, not the assessee. The Tribunal directed the substantive assessment to be made on the actual earner of the income, indicating that protective assessments cannot continue indefinitely.

Determining Actual Earner of Income:
The Tribunal directed that the substantive assessment should be made on the individual who truly earned the income, in this case, Shri Laxmi Chand. They emphasized that if the income belongs to someone else, additions should be made in that person's hands. The Tribunal highlighted the importance of correctly identifying the earner of income to ensure proper taxation.

Direction for Substantive Assessment:
The Tribunal's direction for substantive assessment on the assessee and Shri Laxmi Chand was upheld, emphasizing that the Department must determine the final liability for tax payment. The judgment clarified that if the income was not upheld in the hands of the husband, then the substantive assessment should be made on the assessee. The Tribunal's decision to proceed with substantive assessment was deemed justified, and the reference was answered in favor of the assessee.