Law:

Section:

Section 254 of the Income-tax Act, 1961 [Corresponding to section 33 of the Indian Income-tax Act, 1922] - Appellate Tribunal - Order of - T o assessable income of assessee, was added a certain amount received by his two minor sons from a partnership firm to benefits of which they were admitted as partners - Tribunal dismissed assessee's appeal against said addition on basis of findings of earlier years - Whether since at any stage in instant proceeding, assessee was not given an opportunity to displace earlier findings, question of law arose as to whether order of Tribunal dismissing appeal of assessee was vitiated by fact that assessee had not been given any opportunity in these assessment proceedings or in appeals arising therefrom to show that money received from partnership firm to benefits of which partnership minor sons of assessee were admitted belonged to minors and not to assessee - Held, yes FACTS The amount received by the minor children of assessee from a firm, to the benefit of which the minors were admitted, was included in the income of assessee. The Tribunal dismissed the appeal by holding that the finding recorded in the earlier two assessment years that money invested by the minors came from the assessee became final and no further evidence was led to displace it. On application under section 66(1) of 1922 Act, the assessee submitted that in fact no opportunity was afforded to the assessee to give evidence or provide material to displace that finding which could at best be admitted only as evidence and not as res judicata. The Tribunal rejected that application. On application under section 66(2) : HELD The Tribunal did not state at any stage that in the assessment proceedings at any stage the assessee was given an opportunity to displace the earlier findings. In these circumstances a question of law did arise in the case as to whether the order of the Tribunal dismissing the appeal of the assessee was vitiated by the fact that the assessee had not been given any opportunity in these assessment proceedings or in appeals arising therefrom to show that the money received from the partnership firm to the benefits of which partnership the minor…

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