1996 (5) TMI 58

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rmined in the case of the firm where he is a partner ? " The facts which are necessary for determination of this application are that the assessee filed a return of income for the assessment year 1984-85 in the status of the Hindu undivided family (specified) declaring a net income of Rs. 42,810. The source of income was shown as share from the firm, dividend and interest. The assessing authority held that the income shown by the assessee is actually assessable in his individual hand and not in the status of the Hindu undivided family. The assessing authority passed an order dated March 12, 1987, and directed the issue of penalty notice. The respondent filed an appeal against the order of assessment, which was accepted by the Deputy Commis .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... long with the statement of the case, but declined to refer the second question by holding that the matter entirely depends on the facts of the case whether the assessee had paid advance tax on the basis of the share income intimated to him by the firm and if the income of the firm was subject to the enhancement on account of certain additions, the assessee could not be said to have knowledge of such enhancement at the time of payment of advance tax. Shri Sawhney, learned counsel for the petitioner, argued that after having held that question No. 1 deserves to be referred to the High Court for adjudication, the Tribunal ought to have referred the second question regarding interest for adjudication by the High Court. Learned counsel submitte .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ourt have treated a similar question to be a question of law. We respectfully agree with that view. Accordingly, the petition is allowed and the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, is directed to refer the following question of law : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that interest under section 215 of the Income-tax Act was chargeable on the basis of assessed income but excluding enhanced share of the assessee determined in the case of the firm where he is a partner ? " and send the aforesaid question along with the statement of case and record of the case to this court.    
Case laws, Decisions, Judgements, Orders .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X