Case Details

Citation(s)
1988 SLG 1963 1988 SLD 1963 (1988) 174 ITR 678
Madhya Pradesh High Court

G.G SOHANI, ACTG. C.J. AND R.K. VERMA, J.

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Sukhlal Bhanwarlal (HUF)

v.

Commissioner of Income Tax

Law:

Section:

Section 256 of the Income-tax Act, 1961 - Reference - Question of law - Assessee's original assessment for assessment year 1975-76 was completed under section 143(3) - Later, on basis of information gathered during wealth-tax proceedings, ITO reopened said assessment and made additions on account of certain income from undisclosed sources - Both AAC and Tribunal upheld ITO's reassessment order - Whether any referable question of law arose out of Tribunal's order - Held, yes Facts For the assessment year 1975-76, the assessment was completed in respect of the assessee-HUF under section 143(3). Subsequently, on the basis of information gathered daring the wealth-tax assessment proceedings, the ITO reopened the said assessment and held that the assessee had income from undisclosed sources also. On appeal, the AAC upheld the ITO's order. On second appeal, the Tribunal not only affirmed the ITO's order but also refused to make reference. On an application for reference under section 256(2) : Held Referable question of law did arise out of the Tribunal's order. The Tribunal was accordingly directed to refer the case for opinion. P.M. Choudhary and M.S. Choudhary for the Applicant. R.C. Mukati for the Respondent. ORDER Sohani, Actg. CJ.-This is an application under section 256(2) of the Income-tax Act, 1961 ('the Act'). 2. The material facts giving rise to this application, briefly, are as follows : The applicant is assessed in the status of a HUF. The assessment of the assessee for the assessment year 1975-76 was completed under section 143(3) of the Act and the total income was computed at Rs. 36,400. In the proceedings for the assessment of the assessee under the…
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