Law: Income Tax Act, 1961

Section: 64

Income tax--Reassessment Failure to disclose fully and truly material facts ¬Assessee partner in a firm in which her two minor sons and one daughter were admitted to benefits of partnership Relationship with minors neither disclosed in the partnership deed nor in the prescribed column of return of income, held, amounted to failure to disclose fully and truly material facts Reassessment proceedings, rightly invoked. Muthtah Chettiar v. C.I.T. (1969) 74 I T R 183 (S C) distinguished. Ahmedabad Cotton Mfg. Co. Ltd. v. Union of India (1974) 95 ITR. 639 (Guj.); C.I.T. v. Kochammu Amma (P.K.) (Smt.) (1980) 125 I T R 624 (S C); Dhanwate (D.R.) v. C.I.T. (1961) 42 I T R 253 (Bom.); Madanlal Maheswari v. I.T.O. (1973) 87 I T R 295 (Cal.); Muthiah Chettiar v. C.I.T. (1965) 55 I T R 147 (Mad.); Radheshyam Ladia v. I.T.O. (1971) 82 I T R 247 (Cal.) and Ramesh Ch. Sood v. A.S.O. Sub Division, Ranaghat A I R 1972 Cal. 455 ref. JUDGMENT S. RANGANATHAN, J. The assessee, Smt. Sushila Devi Jain, was a partner in a firm known as "M/s. Raj Motors" which was constituted under an instrument of partnership dated 1st April, 1961. She was a partner till 31st August 1961. The other partners were, Shri P.S. Jain, Smt. Sukhari Devi, Smt. Sushila Devi, Master Raj Kumar, Master Ravi Kumar and Kumari Renu. For the assessment year 1962 63 (for which the previous year ended on March 31, 1962, the assessee filed her return at Calcutta on March 21, 1963. Part III of the return at p.4 required the following details to be given in a case where the assessee filing the return was a partner in a firm: "(1) Name and address of the firm. (2) Name of each partner including the assessee, (3) Relationship with the assessee. (4) Residential address of the partners, and (5) Shares of partners." In the return filed by the assessee the name and address of the firm was given; the names of all the partners including the assessee were mentioned but without any indication as to whether Master Ravi Kumar, Master Raj Kumar and Kumari Renu were major partners or minors admitted to the benefits of the partnership; the residential address of all the partners was given as 7 A, Rajpur Road, Delhi; and the individual…

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