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2017 (3) TMI 1525 - HC - Income TaxAssessment u/s 171 - partial partition or complete partition - immovable property of the HUF had been gifted to certain members - AO treated the same as partition of a Hindu undivided family - AO passed orders of substantive assessment against the individual members and orders of protective assessment against the appellant HUF - Held that:- In view of the undisputed fact regarding non-consideration of Section 171 of the Act, we are of the considered opinion that the Income Tax Appellate Tribunal is required to reexamine the matter keeping in mind and in the light of the provision of Section 171 of the Income Tax Act and thereafter, arrive at a finding as to its import and impact in the facts of the present case, as in the absence of any such finding in the impugned order, it is impossible for this Court to exercise its power of judicial review for examining the validity of the contention raised by the parties, moreso, as this Court is precluded from looking into the finding of fact recorded by the Assessing Authority or the other authorities in the present case. Matter remitted back to the Income Tax Appellate Tribunal to reexamine the same in the light of the provisions of Section 17 and the other provisions of law, consider the import and impact of the same and record a finding in that regard in the facts and circumstances prevailing in the present case.
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