Law:

Section:

Section 147(a) of the income-tax act, 1961-Reassessment-Non-disclosure of primary facts-Petitioners, who were heirs to estate of one late 'h', appended a note to their respective returns stating that administration of said estate was pending and that their shares in income of that estate was not taxable in their hands-Accepting their submission, ito completed their assessments without taking into account said share of income of estate-Whether aforesaid assessments could be reopened under section 147(a) on ground that because petitioners did not disclose their shares in income of estate and also quantum thereof at time of filing returns, it amounted to non-disclosure of material facts fully and truly-Held, on facts, no Facts The petitioners were the legal heirs of one late H, who died intestate, and were entitled to one-fifth share each in the estate of H. Each of the petitioners annexed a note to his income-tax return for the relevant assessment year, stating that they were heirs to the estate of 'H', that the estate was under administration and that the estate was filing its returns of income and wealth separately. The notes further submitted that pending the administration of the estate, the petitioners' shares in the income of the estate were not liable to be taxed in their assessments. The ITO accepted the claim and assessed the petitioners without taking into account the said one-fifth share in the income of the said estate. However, later on, the ITO issued notices under section 148 to the petitioners and sought to reopen the aforesaid assessments under section 147( a) on the ground that at the time of assessment, the particulars of the shares of the petitioners in the said estate and the quantum thereof, even approximately, had not been disclosed in their returns and that the disclosure made by the petitioners did not, therefore, amount to full and complete disclosure of all the relevant and material facts. On writ: Held In the instant case, it could not be held that the petitioners had failed to disclose all primary or material facts relevant for the purpose of making the assessments. They had clearly stated in their returns that each of them was an…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492