TMI Blog2011 (2) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... word "assessee" there, includes the successor-in-interest - Held that:- after cessation of the liabilities of the years till the assessment year 1984-85 (i.e. prior to formation of the assessee), they could be added in the hands of the predecessor-in-interest of the assessee, who were earlier granted the allowances or deductions and not in the hands of the assessee - Decided against of assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, the liability of Rs. 6,18,894 was of the assessment year 1985-86 and the rest was of different assessment years prior to the formation of the assessee. 5. In the assessment year 1986-87 a sum of Rs. 64,840 was paid. Thus, a sum of Rs. 23,20,769 remained to be paid at the end of the assessment year 1986-87. 6. The Assessing Officer (the AO) passed the assessment order after remand on Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant assessment for the decision is the assessment year 1985-86 only ; and The issues are to be decided for the assessment year 1986-87. 9. The Commissioner of Income-tax (Appeals) granted relief for Rs.17,01,875 and remanded the case to the Assessing Officer to decide afresh regarding the addition of the liabilities of Rs. 6,18,894 for the assessment year 1985-86. 10. The Income-tax D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest. 13. The Supreme Court in CIT v. Hukumchand Mohanlal [1971] 82 ITR 624 (SC), has held that (page 626) : "The Act does not contain any provision making a successor-in- business or the legal representative of an assessee to whom an allowance has already been granted, liable to tax under section 41(1) in respect of the amount remitted and received by the successor or the legal repres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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