1992 (11) TMI 29

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....t") "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the validity of reopening of the assessment ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that minor's share income from the partnership is includible under section 64(1)(iii) of the Act ?" A brief reference to the factual aspect is necessary in view of the order we propose to pass. A partnership firm styled as Messrs. Andavarapu Venkata Rao and Sons consisting of several partners was constituted and three of them, namely, Mr. A. Krishna Rao, Mr. A. Bhaskar Rao and Mr. A. Chandramouli, were minors who were represented by their mother and guardian. The assessee file....

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....for a reference to this court and the aforesaid questions as indicated in the threshold were referred to this court for opinion. Though attractive arguments were advanced before us by learned counsel for the assessee and the Revenue, we are satisfied that the Tribunal has not dealt with the case of the parties in detail and has cryptically disposed of the matter with the following observations : " I have gone through the paper book filed by the learned representative for the assessee, Shri S. N. Sahu, on behalf of the assessee. He has cited several judgments and has given a list of judgments. All those judgments will be applicable if the facts fall within the purview of those judgments. The facts in the instant case are different and ....