1996 (9) TMI 45

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....ion, presented under section 256(1) of the Act, and registered as R. A. No. 23/Ind of 1994, on September 26, 1994, for the assessment year 1987-88 : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that there was no evidence of constitution of association of persons ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the income once assessed in the hands of the partner cannot be again assessed in the hands of the association of persons ?" Briefly stated, the facts of the case are that a plot of land was taken on lease by Shardaprasad, his wife, Smt. Janakdulari, and his two minor sons by a registered lease deed dated July ....

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....iled the application under section 256(1) of the Act, which was dismissed. This application was, thus, filed under section 256(2) of the Act. We have heard Shri A. M. Mathur, learned senior counsel, with Shri A. K. Shrivastava, for the applicant-Revenue and Shri B. K. Joshi, learned counsel for the non-applicant/assessee. We find that the Tribunal allowed the appeals as under : " There is yet another aspect of the matter, namely, that the income of Shri Devendraprasad for the assessment year 1978-79 was assessed as individual in respect of his share in the said property vide assessment order dated March 20, 1981. That assessment order stands valid. It has been held by the jurisdictional High Court in CIT v. Mrs. Banno E. Cowasji [1....