1984 (2) TMI 164

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ication in ignoring to consider and record his findings on ground No. (5) quoted in the appeal order. For that it may be held that the payment of Rs. 23,039 was a payment of "ADVANCE TAX". 2. To appreciate the contention of the assessee, it is necessary to recall the facts of the case in brief. The assessee is the legal heir of late R. G. Saharia who died in March, 1975. He filed his return of income for asst. yr. 1977-78 as an individual. In this he declared his income from various sources, viz. salary, 1/7th income from the Estate of late R. G. Saharia, A.O.P., Managing Director's remuneration, Managing Partner's commission, Director's monthly fees and interest. The ITO computed the income from the above sources at Rs. 71,816. The asse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eing made as a separate assessable entity and, therefore, according to the ITO, the assessment cannot have his share brought in his own assessment. 3. The above finding of the ITO has been confirmed by the ld. AAC who made the following observations while confirming the said order: "So far as ground Nos. 1 and 2 are concerned, I have held in my order of even date on Appeal No. 230-Crib/80-81 in the estate of late R. G. Saharia for the asst. yr. 1976-77 that the estate shall continue to be assessed on the income or loss arising from its assets till such time as the assets are not actually distributed amongst the heirs in accordance with s. 8 of the Hindu Secession Act, 1956. Therefore, no claim for deduction on account of 1/7th share o....