TMI Blog2006 (6) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 - JUDGMENT The judgment of the court was delivered by P.D.DINAKARAN,J.- At the instance of the Revenue, the Income-tax Appellate Tribunal hasstated a case and referred the following question of law, which is common inboth tax cases: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in upholding the order of the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n July 29, 1988, beyond the time limit prescribed under section 139(1) of the Income-tax Act. Therefore, treating the return filed by the firm as non-est, the assessing officer held that there was no assessment made on the firm, nor the share of loss to be allocated to the partners was determined. 4. Accordingly, in the assessment of the assessee in each case, as a partner of the firm, no ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on completion of the assessment of the firm, the assessability of the share income would not depend on such allocation. The Appellate Tribunal felt that it was open to the assessing officer to make assessment under section 155 of the Income-tax Act on the completion of assessment of the firm, but such adjustment would not be possible in the present case since the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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