1993 (3) TMI 151

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....61 the Revenue has requested the Income-Tax Appellate Tribunal to refer the following one question, stated to be the question of law, arising out of its order dated 4th March, 1992 in ITA No. 2609/Delhi of 1988 pertaining to the assessment year 1983-84 for the esteemed opinion of Hon'ble High Court : "Whether on the facts and in the circumstances of the case, the ITAT was correct in law in dism....

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....an Singh Ji. This claim was rejected by the revenue but the Tribunal had accepted this claim made by the heirs. The Department is in reference before the Hon'ble High Court on this point regarding basic controversy as to the existence of the Bigger HUF. 3. While making the assessment, the assessing officer, adopted the share of income includible in the assessment of the assessee, subject to rec....

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....ribunal on the basis of the decisions of the Supreme Court. However, on going through the orders we find that before the Tribunal the issue proceeded on the basis that there did exist Bigger HUF and since in the case of Bigger HUF no order under section 171 of the Act was passed, smaller HUFs within the Bigger HUF could not be assessed to tax on any income arising on account of assets held by the ....

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....of provisions contained in section 153(3)(ii) read with Explanation 3 of the Act. Explanation 3 provides that where, by any of the orders referred to in section 153(3)(ii), any income is excluded from the total income of an assessee holding it to be the income of another person, then, an assessment of such income on such other person shall be deemed to be one made in consequent of or to give effec....