1993 (7) TMI 18

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion 256(1) of the Income-tax Act, 1961, raises the following three questions for our consideration: "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the correct status of the assessee for the assessment year 1974-75 was rightly taken by the Appellate Assistant Commissioner as a Hindu undivided family? 2. Wheth....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fficer had taken the status of the assessee as an individual. This was challenged by the assessee by way of appeal in which the Appellate Assistant Commissioner reversed the finding of the Income-tax Officer and held that the correct status of the assessee would be Hindu undivided family. This decision of the Appellate Assistant Commissioner was challenged by the Revenue by way of second appeal....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sment in an earlier year, had declined to accept the claim of the assessee and held that the assessee was an individual and not a Hindu undivided family. The Income-tax Officer, therefore, held that he could not form any contrary opinion in regard to this fact. Obviously, this view is not sustainable and the Tribunal has rightly held both on facts and in law that such a decision of the Income-tax ....