1993 (3) TMI 31

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....ssessment year 1976-77 ?" The brief facts of the case are that the assessee submitted a return of income in the status of an individual for the first time in respect of the period ending Diwali, 1975, i.e., for the assessment years 1976-77 and 1977-78. Till the assessment year 1975-76, the assessee was assessed in the status of a Hindu undivided family ("HUF") and the partition has taken place on the last date of the relevant accounting year. The assessment was completed in the status of an individual. An application under section 154 of the Income-tax Act, 1961 ("the Act"), was moved on the ground that the assessee has been assessed to tax from 1958-59 in the status of an individual and he is not required to file the estimate volunta....

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....o be seen was whether the assessee has been previously assessed or not. The Tribunal came to the conclusion that the assessee was assessed in the status of individual up to the assessment year 1970-71 and thereafter the Hindu undivided family was being assessed. The assessment of the Hindu undivided family continued up to the assessment year 1975-76 and the said Hindu undivided family was partitioned on the last day of the accounting year relevant to the assessment year 1975-76 and thereafter the assessments were made in individual capacity. It was contended by the Revenue that the Hindu undivided family was in existence even prior to the assessment year 1971-72 and, therefore, the assessments which were made up to 1970-71, in the capacity ....

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....ction (3) of section 212 were omitted by the Finance Act, 1978, with effect from June 1, 1978. The only requirement which has to be seen from the provisions of subsection(3) of section 212 is whether the person was previously assessed by way of regular assessment under this Act or not. It is not denied that the assessments up to 1970-71 were made in the status of an individual., By no stretch of imagination, can those assessments now be considered as those of the Hindu undivided family simply because, for the subsequent period, the assessments were made in the status of a Hindu undivided family. The word "previously assessed" would cover a case where an assessee has been assessed "for any previous year" under the Income-tax Act and simply b....