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TMI Blog2006 (6) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal 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 Commissioner of Income-tax (Appeals) directing that the assessee's share of loss from the firm be&nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibed 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 adjustment for the share of loss was mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght ultimately be determined by the assessing officer 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 143(3) of the Income-tax Act and the loss, as submitted by the firm in the return, was also accepted. Since the loss of the firm had been accepted and the assessing officer was directed to set off the share of loss of the assessee in each case, we fail to understand how the return filed by the firm has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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