1985 (1) TMI 39

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....has been made by the Income-tax Appellate Tribunal, at the instance of the assessee on the direction of this court to answer the following question : " Whether, on the facts and circumstances of the case, the Tribunal was right in confirming the protective assessment ? " The facts stated by the Tribunal are that in the course of assessment proceedings for the assessment years 1967-68 to 1969....

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.... the firm, Messrs. Vinit Talkies, the total income will be clubbed in the hands of the firm. However, he made a protective assessment of the same income in the hands of the lady, Smt. Dayabai, for the three assessment years under dispute. The findings recorded by the ITO were upheld by the Tribunal in the case of Vinit Talkies. Against the protective assessment made by the ITO in the hands o....

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.... the fact that after the judgment of the Tribunal, an application under s. 256(2), submitted by Messrs. Vinit Talkies before this court, was rejected by this court on July 7, 1980. It is, therefore, clear that after the Tribunal's judgment in the appeals filed by Messrs. Vinit Talkies and also the appeal filed by Smt. Dayabai, the Tribunal confirmed both the assessments. The net result is that the....

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....ay become necessary to pass appropriate orders against Chhotalal. When we suggested to the learned counsel that we propose to make an order on these lines, they all agreed that this would be a fair and reasonable order to make in the present proceedings." Similarly the Allahabad High Court also had an occasion to consider similar questions in the case of Hemlata Agarwal v. CIT [1967] 64 ITR 428....