Law:

Section:

Section 220, read with section 4, of the Income-tax Act, 1961 - Collection and recovery of tax - When tax payable and when assessee deemed in default - Assessment years 1971-72 and 1972-73 - One 'T' was karta and father manager of joint family consisting of himself and his sons, his wife and his two daughters - 'T' had inherited from his father considerable properties, movable and immovable including 12 acres of agricultural land, a house and considerable cash, all having fallen to his share in partition with his brothers - In year 1971 in his capacity as a joint family manager he had entered into a partnership with 18 others to carry on arrack business - However, firm was dissolved due to heavy loss - Finally, firm was assessed to a total amount of Rs. 12,61,921 as tax and penalties for relevant assessment years - Subsequently, entire HUF properties were attached for realization of tax due by firm - Later on matter went to trial court wherein it held that 'T' was a partner in his individual capacity investing his monies and not on behalf of HUF though he was a joint family manager and as such only his one-fifth share in joint family property alone was liable to be proceeded against for realization of tax due by firm - Whether since trial court recorded appropriate findings on appreciation of oral and documentary evidence available on record, there was no reason to interfere same - Held, yes FACTS One 'T' was the karta and father manager of the joint family consisting of himself and his sons, his wife and his two daughters. The 'T' had inherited from his father considerable properties, movable and immovable including 12 acres of agricultural land, a house and considerable cash, all having fallen to his share in partition with his brothers. In the year 1971 in his capacity as a joint family manager it had entered into a partnership with 18 others to carry on arrack business. However, firm was dissolved due to heavy loss. Finally, the firm was assessed to a total amount of Rs. 12,61,921 as tax and penalties for said relevant assessment years. Subsequently, entire HUF properties were attached for realization of tax. Later on matter went to trial court. Trial court…

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