9911796707
TMI Blog1981 (9) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... A.T.A. 63/81. In para-12 of the assessment order dt. 7th Nov, 1980 the Agrl. ITO observed: The income which has been left without tax as it has been realised in excess than the estimation as shown in Annexure I to V is assessed to tax for the asst. Yr. 1974-75 corresponding to according year 1973-74 as escaped income under s. 19-A read with s. 35 of the Tamil Nadu Agrl. IT Act, 1955, and the assessment is finalised as under: Annexure IV Vasambadi Estate 1974-75 Asst. yr. ___ Revised statement Season Opening stock Season Realisation 1972-73 7,09,939.00 1971-72 4,499.00 . 1972-73 7,83,472.00 . 1973-74 8,02,185.00 Gross Income 8,80,220.00 -- . 15,90,156.00 -- 15,90,156.00 Gross income from coffee -- 8,80,220.00 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised income of the earlier years of the estate have been considered and hence there was no question of taking the same income for the year 1974-75. The 1d. State Rep. supported the order of the lower authorities. He submitted that the estate has been assessed as 'tenants-in-common' only in subsequent years which is not permissible under law; that in the case of "tenant-in-common" the individual share must be taxed; that as this amount had escaped assessments the reopening was justified. 3. We have heard both sides and perused the connected records. 4. We notice that in respect of these appellants this Tribunal considered the same point in A.T.A. Nos:185, 186 and 187/1979 dt. 10th Jan., 1980 and remanded the assessment with certain directi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding was permitted for asst. yr. 1975-76, action under s. 19A is permissible only in respect of closing stock which escaped assessment for the asst. yr. 1974-75 only. There is no finding in the order how such a closing stock was omitted to be assessed. There is no discussion as to the method of accounting then employed. Nor is there any finding whether the closing stock was that of the firm in which the appellant was a partner or otherwise. A discussion as to the value of the closing stock is also missing in the order. Even the order passed consequent to the Asst. Commr's. order (i.e. the order dt. 14th March, 1979 which we have extracted earlier) indicates as though there was escapement in the previous years relevant to asst. yrs. 1972-73 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his principle to this case where it is said to be mercantile system of accounting the proceeds of coffee will be taxed in the year of sale whenever realised. The proceeds of 1973-74 season are alone relevant for asst. yr. 1974-75. There is no specific finding that the closing stock of coffee of this assessee in 1973-74 crop was omitted in computing the income. Hence we do not find any material to support the addition in the reassessment. We, however, agree with the ld. State Rep. that the plea of the appellant that such excess realisation had been considered for assessment in a later year does not make a difference because no assessment could be made in the status of "tenants-in-common", as held by this Tribunal on many occasions. Besides t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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