Court dismisses petitions on grounds of invalid reassessment under (a) and lack of applicability of , Revenue contentions deemed unjustified.

The court dismissed the petitions, ruling that the reassessment under section 147(a) for the assessment years in question was invalid as it amounted to a mere change of opinion by the Income-tax Officer. The court held that all necessary information, including the minor's share income from the partnership firm, was disclosed during the original assessments, and section 64 did not apply. Consequently, the court found that the Revenue's contentions were not justified, leading to the dismissal of the petitions.

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Issues:
1. Validity of reassessment under section 147(a) for assessment years 1970-71, 1971-72, and 1972-73.
2. Inclusion of minor's share income from a partnership firm in the assessee's income under section 64 of the Income-tax Act, 1961.

Analysis:
1. The case involved applications under section 256(2) of the Income-tax Act, 1961, where the Revenue sought a direction for the Income-tax Appellate Tribunal to refer two questions to the court regarding the validity of reassessment under section 147(a) and the inclusion of minor's share income in the assessee's income. The Tribunal held that there was no referable question arising from its order as it found that all material particulars were already before the assessing authority during the original assessments, and section 147(a) could not be invoked based on a mere change of opinion by the Income-tax Officer. The Tribunal also ruled that section 64 could not be applied to include the minor's share income in the assessee's income.

2. The assessee, a partner in a registered firm, had minor sons admitted to the benefits of partnership. The Income-tax Officer reopened the assessments under section 147(a) due to alleged non-disclosure of relevant material by the assessee. The Appellate Assistant Commissioner held that the reassessment was invalid as it amounted to a change of opinion and section 64 did not apply in this case. The Tribunal affirmed this decision, stating that all facts were disclosed during the original assessments, and the Income-tax Officer's attempt to reopen assessments was based on a mere change of opinion. The court agreed with this finding, emphasizing that the assessing authority was aware of the minor children's partnership benefits during the original assessments.

3. The Revenue contended that the minor's share income was not disclosed by the assessee, justifying the reassessment under section 147(a). However, the court held that the assessing authority had access to all necessary information during the original assessments, including the partnership deed indicating the minor children's benefits. As such, the attempt to reopen assessments was deemed a mere change of opinion. The court dismissed the petitions, stating that since section 147(a) could not be invoked, the questions raised by the Revenue were not referable. Consequently, the second question regarding the inclusion of minor's share income was also deemed academic and not referred.

In conclusion, the court dismissed the petitions, emphasizing that the attempt to reopen assessments under section 147(a) was unfounded, as all relevant information was available during the original assessments, and the reassessment was based on a mere change of opinion by the Income-tax Officer.

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