1969 (7) TMI 4 - SUPREME COURT

Assessment made on the assessee in the status of a HUF in respect of income received by him as receiver could be justified notwithstanding the provisions of s. 41 - once valid proceedings are stated u/s. 34(1)(b) the ITO had not only the jurisdiction but it was his duty to levy tax on the entire income that had escaped assessment during that year - hence assessment made u/s. 34 is valid in law - assessee is not entitled to set off sum paid to the minors