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2005 (7) TMI 52 - HC - Income TaxReassessment - "Whether Tribunal was legally right in confirming the order of the learned Commissioner of Income-tax (Appeals) who held that the Assessing Officer was not having jurisdiction to make an assessment on AOP of two members?" - The AOP is an independent identity. One person can form more than one association of persons with a different person to carry on the business to earn profit and each such association is an independent identity for the purposes of the assessment under the Act. In the circumstances, in the absence of notice under section 148 of the Act to the present assessee, the Tribunal has rightly held the assessment order passed under section 147 read with section 148 of the Act invalid. Question referred to us is answered in the affirmative, i.e., in favour of the assessee and against the Revenue
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