9911796707
TMI Blog1988 (5) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee, carries on business in haldi. It was assessed to income-tax for the assessment year 1974-75, the accounting period ending on October 24, 1973. During the assessment, a sum of Rs. 14,000 was found credited in the name of one Smt. Ramrati Devi. The assessee was asked to explain the nature and source of this deposit. It was stated that this amount had been disclosed by the said Smt. Ramrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up in appeal before the Incometax Appellate Tribunal. It was contended on behalf of the Revenue before the Tribunal that as the decision of the Tribunal in the case of Smt. Ramrati Devi, had not been accepted by the Revenue and the matter would be taken up further, the addition made by the Income-tax Officer should be sustained. The Tribunal held that by reason of the order of the Tribunal in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of the Commissioner of Income-tax setting aside the assessment made by the Income-tax Officer is valid in law ? (iii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the scheme of the Act compels the Income-tax Officer to pass the assessment under section 143(i) even in the case of ladies and minors, the initial capital and other thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ended on behalf of the Revenue that the assessment of Smt. Ramrati Devi as a small taxpayer under the scheme of 1972, which was upheld by the Tribunal, has been set aside by the court in Taxation Case No. 302 of 1980 (CIT v. Ram Rail Devi [1988] 173 ITR 78 (Pat) (Appendix)) and analogous cases by a judgment and order dated November 4, 1986. By reason of the aforesaid, it was submitted that the mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the Tribunal when it decided the appeal. In view of the aforesaid, it appears to us that the matter should be-reconsidered by the Tribunal in the light of the subsequent facts as stated hereinabove. We decline to answer question No. (iv) and remand the matter to the Tribunal for being considered afresh on the basis of the evidence on record and the subsequent facts. If necessary, fresh evid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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