1986 (12) TMI 95

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....apacity as Karta of the HUF filed a return declaring income of Rs. 10,390. The ITO, however, was of the opinion that the assessees had no ancestral properties and all the properties, cash etc. held by the Karta were his self-acquired properties and he had been assessed as individual right from the year 1951-52. He was proprietor of the business till year 1964-65 and in 1965-66, the firm was formed....

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....SMC Bench of the Tribunal in ITA No. 185/(Ind)/83 in the case of Shamsunder Rathi vs. ITO, Ujjain 12 ITC 14, wherein it has been held that an appeal lay against a protective assessment and the matter was restored back to the AAC for fresh decision. To my mind this order is wholly erroneous in law and overlooks the clear provisions of s. 246 of the IT Act. The only provision purporting to permit an....