1996 (2) TMI 2 - SC - Income Tax

Appeal on Hindu Undivided Family tax assessments upheld, stressing signed assessment orders.

Smt. Kilasho Devi Burman And Others Versus Commissioner of Income-Tax

The appeal by special leave regarding the validity of assessments on a Hindu undivided family for the years 1955-56 and 1958-59 to 1962-63 resulted in the ... Whether there was a valid assessment on a Hindu undivided family - Since it was unable to establish, by the production of a signed assessment order for that year, that there was such a valid assessment, its case fell and the Tribunal was right in so holding - HC was in error in concluding that the findings of the Tribunal were perverse Issues:Validity of assessment on a Hindu undivided family for the assessment year 1955-56.Validity of assessments for 1958-59 to 1962-63 in the status of a Hindu undivided family.Analysis:The case involved an appeal by special leave regarding an order passed by the High Court at Calcutta in an income-tax reference. The questions before the High Court pertained to the validity of assessments on a Hindu undivided family for the years 1955-56 and 1958-59 to 1962-63. The assessee, governed by the Mitakshara school of Hindu law, submitted a return for 1955-56 as the karta of his Hindu undivided family. However, the assessment order lacked a signature, and there were discrepancies in the documents related to the assessment. The subsequent years saw no notices issued to the Hindu undivided family under relevant tax acts, leading to disputes over the validity of assessments.The Income-tax Officer initiated proceedings under various sections, alleging that the Hindu undivided family had escaped assessment due to misrepresented facts. The Tribunal, upon appeal, concluded that there was no valid assessment on the Hindu undivided family for 1955-56, which impacted the subsequent assessments. The Revenue sought a reference to the High Court, challenging the Tribunal's findings as unsupported and unreasonable. The High Court, exercising advisory jurisdiction, examined the facts and concluded that the Tribunal's findings were not perverse.The High Court's reliance on certain documents and its interpretation of the assessment process were central to the dispute. The Court emphasized the necessity of a signed assessment order, citing legal precedents to support this requirement. As the Revenue failed to produce a valid assessment order for 1955-56, the Tribunal's decision was upheld, and the High Court's judgment was set aside. The appeal was allowed, and the Tribunal's decision was restored, with costs awarded to the appellants.In conclusion, the judgment highlighted the importance of a valid assessment process and the need for proper documentation in tax assessments. The case underscored the legal principles governing assessments on Hindu undivided families and the significance of signed assessment orders in establishing the validity of tax assessments.