1984 (2) TMI 73

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....he I.T. Act, 196l, for directing the Income-tax Appellate Tribunal to refer to this court for determination the three questions set out in paragraph 5 of the application. The main question is whether the ITO was entitled to tax the respondent-assessee as an association of persons. The assessment year involved is 1976-77. The order of assessment taxing the assessee as an association of persons was ....

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....ses directly an assessee on his share of income from an association of persons or firm, it is not open to him to assess the same income again in the hands of the association of persons or firm. In other words, once the assessment of a partner or a member of an association has been made by taxing directly his proportionate share from the firm or association, the ITO is precluded from assessing the ....