TMI Blog2017 (3) TMI 1525X X X X Extracts X X X X X X X X Extracts X X X X ..... reafter, arrive at a finding as to its import and impact in the facts of the present case, as in the absence of any such finding in the impugned order, it is impossible for this Court to exercise its power of judicial review for examining the validity of the contention raised by the parties, moreso, as this Court is precluded from looking into the finding of fact recorded by the Assessing Authority or the other authorities in the present case. Matter remitted back to the Income Tax Appellate Tribunal to reexamine the same in the light of the provisions of Section 17 and the other provisions of law, consider the import and impact of the same and record a finding in that regard in the facts and circumstances prevailing in the present case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants submits that the Income Tax Appellate Tribunal, while deciding the matter, has totally ignored the provisions of Section 171 of the Income Tax Act (hereinafter it will be referred to as the Act ). 4. It is submitted that in the present case, the appellants were assessed to tax as a Hindu Undivided Family by the Assessing Authority in respect of the income derived from the house properties and interest from banks and FDRs. It is submitted that as far back as on 21.9.1965, the Income Tax Authorities had passed an order under Section 171 of the Income Tax Act to the effect that the asessee therein who was the predecessor HUF of the present appellant had affected partial partition amongst its members on 1.4.1961. It is submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enge in the present appeal. 6. The learned Senior Counsel for the appellants submits that the Income Tax Appellate Tribunal has totally ignored the previous orders passed under Section 171 of the Act, to the effect that there was a partial partition in respect of the income from capital investment in the firm but there was no partition of the immovable property amongst the members of the HUF. It is submitted that in view of the fact that there was an order under Section 171 of the Act, the appellate authority could not treat the appellant as an individual and not as a HUF and impose tax upon it. 7. It is submitted that in view of the provisions of Section 171 of the Act and the order passed thereunder, the appellant has to be treated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts and documents on record and therefore no fault can be found with the same. 10. We have heard the learned counsel for the parties at length. We have also carefully perused the provisions of Section 171 of the Act as well as the impugned order passed by the Income Tax Appellate Tribunal. 11. From a perusal of the impugned order, it is apparent that the effect, impact and import of the provisions of Section 171 of the Act or for that matter, the effect and impact of the previous orders passed in respect of the appellant under Section 171 of the Act have not been taken into consideration by the appellate authority or by the Income Tax Appellate Tribunal, nor has it applied its mind to the effect and impact of the same on the find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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