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2013 (4) TMI 226 - HC - Income TaxAssessment of status - Whether the Tribunal was right in sustaining the order of the AAC directing the assessing officer to assess the status of Registered Firm against A.O.P.? - Held that:- In the present case, it is clear that the Tribunal, after rectifying its mistake and taking into consideration the material on record, which it had failed to consider earlier has come to a conclusion that the assessee-firm was a genuine firm. This is purely a finding of fact and in such a situation, no question of law as such arises and, in this connection, reference may be made to the decisions in CIT vs. M. P. Bidi Leaves & Company (1981 (11) TMI 9 - MADHYA PRADESH HIGH COURT); India Cements Ltd. vs. CIT (1965 (12) TMI 22 - SUPREME COURT); ClT vs. Chander Bhan Harbhajan Lai (1966 (1) TMI 20 - SUPREME COURT); Sir Shadilal Sugar & General Mills Ltd. vs. CIT (1982 (4) TMI 43 - ALLAHABAD HIGH COURT); Chimanlal Umaji vs. CIT (1978 (10) TMI 16 - MADHYA PRADESH HIGH COURT) and Shri Paramanand Bhai Patel and Smt. Jyotsna Devi Patel vs. CIT (1984 (1) TMI 40 - MADHYA PRADESH HIGH COURT). Also to consider the comments of the learned author in his book Law of Income Tax by Kanga & Palkhivala (7th edn.) vol. I, at page 1159. Thus, the Tribunal having taken all the facts and circumstances into consideration while deciding the appeal on merits, the question proposed by the Revenue being not a question of law as such does not call for a reference. The order passed by AAC affirmed by the Income Tax Appellate Tribunal, Indore Bench, Indore, appears to be correct and in accordance with law - the question referred to this Court deserves to be answered in negative, in view of the law laid down by the Division Bench in the matter of respondent reported as Mithalal Ashok Kumar (1984 (11) TMI 16 - MADHYA PRADESH HIGH COURT) relating to the same assessee for the assessment year 1978-79 had held that the assessee M/s Mithalal Ashokumar was a genuine firm and directed I.T.O., to grant registration to the assessee and also allowed the appeal on the question of quantum.
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