1980 (4) TMI 69 - HC - Income Tax

Summary

Issues involved: Assessment of share income, violation of principles of natural justice, annulment of assessments.

Assessment of share income: The individual assessee had not been assessed before back assessment proceedings were initiated for two years. The Income Tax Officer (ITO) disallowed the claim of non-taxability of share incomes shown by the assessee in the returns. The Assessing Officer (AAC) annulled the assessments, concluding that the assessee was not a partner in the firm but an employee. The Tribunal upheld the AAC's decision, stating that the ITO did not provide the material relied upon to the assessee, violating principles of natural justice. The Tribunal affirmed that there was no evidence to establish the assessee as a partner in the firm.

Violation of principles of natural justice: The Tribunal found that the assessments were against the principles of natural justice as the material relied upon by the ITO was not communicated to the assessee. The Tribunal held that assessments based on such material could not be sustained. The AAC and Tribunal both concluded that the assessee was wrongly implicated as a partner in the firm without proper evidence.

Annulment of assessments: The High Court, after reviewing the orders of the AAC and the Tribunal, upheld the annulment of assessments in favor of the assessee. It was determined that the assessments were not based on facts and material, and the assessee was entitled to rebut any material placed before him. The Court agreed that the revenue could not rely on material not disclosed to the assessee and that there was no valid evidence to establish the assessee as a partner in the firm. The Court answered the question of law in favor of the assessee, affirming the annulment of assessments.