1977 (3) TMI 4

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....als by special leave are directed against an order passed by the High Court declining to make a reference under section 66, sub-section (2), of the Indian Income-tax Act, 1922. The assessee who is the appellant before us applied to the High Court after rejection of his application by the Tribunal that certain questions of law stated to arise out of the order of the Tribunal may be referred to the ....

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....me-tax Officer accordingly imposed penalty on the assessee for each of the assessment years 1955-56 to 1958-59 and the orders imposing penalty were confirmed by the Appellate Assistant Commissioner in appeal and, on further appeal, they were confirmed by a consolidated order made by the Tribunal. The assessee claimed that questions of law arose out of the order of the Tribunal and wanted them to b....

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..... Clearly, therefore, in the present case, the onus was on the revenue to show that the income from the two fixed deposit receipts during the assessment years 1955-56 to 1958-59 was the income of the assessee. It is clear from the order of the Appellate Assistant Commissioner confirmed by the Tribunal that there was sufficient material before the revenue authorities on the basis of which this onus....

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....uch gift could be validly made by the assessee to the wife of one of the coparceners without the consent of the other coparceners. It also appears from the order of the Appellate Assistant Commissioner that the amounts of the two fixed deposit receipts were subsequently taken back by Mathura Prasad, the manager and karta of the assessee, to meet the share of the assessee in the losses arising in t....