TMI Blog1997 (8) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... ss taken in his name by his employers nor he made any investment in them? (ii) Whether, on the facts and circumstances of the case, the Tribunal is right in law in holding by applying the decision of the Delhi High Court in the case of Sohan Singh v. CIT [1986] 158 ITR 174, 179, that even though the assessee, Rampal Gupta, was not the real owner of the business but only an ostensible owner of the liquor business, the income is to be assessed in his hands, even though the Department might assess the real owner? (iii) Whether the order of the Tribunal assessing the liquor business income in the hands of the assessee is unjustified and vitiated in law being arbitrary and capricious being in disregard to materials on record? (iv) Whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessment of the assessment year 1975-76 was at one point of time completed on protective basis in the case of the assessee and on substantive basis in the case of Smt. Nanhibai. However, the Commissioner of Income-tax acting upon the documentary evidence that the contractor was the assessee, deleted the additions for the assessment year 1975-76 made in the case of Smt. Nanhibai under section 264 of the Act and directed the same to be considered on substantive basis in the hands of the assessee. The assessments for all the four assessment years were eventually framed on substantive basis in the hands of the assessee, but all those were not found justified by the Commissioner of Income-tax (Appeals), and, therefore, those assessments su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal after considering both the matters, came to the conclusion that the assessee who seeks to answer for it as he was the real owner of the contract of excise from the State of M. P. and accordingly reversed the findings of the Commissioner and held him guilty. Against the order of the Tribunal, a reference petition was filed by the assessee for referring the question before this court and, accordingly, the aforesaid questions have been referred by the Tribunal for answer of this court. We have heard learned counsel for the parties and perused the records. The assessee himself has acted as a contractor and signed all the papers before the Excise Department and took a contract of four years then he has to answer for the tax liabil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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