1982 (1) TMI 53

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.... C.J.-The Tribunal has submitted the statement of case and referred the following two questions of law for our opinion : " 1. Whether the amendment made in section 275 of the Income-tax Act, 1961, which came into force from April 1, 1971, would extend the period of limitation in a case where the period of limitation had not expired when the amendment came into force ? 2. Whether, on the fact....

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....Both the points were repelled by the Tribunal. Hence, this reference at the instance of the assessee. The assessment order for the relevant year was passed on 2nd of March, 1972. The order imposing the penalty is of 21st of March, 1974. Section 275, which prescribed the period of limitation was amended w.e.f. April 1, 1971. It provided a period of limitation of two years from the end of the fin....

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.... upon s. 160 of the I.T. Act for the proposition that, in the case of a minor, assessment could be done only as against the representative assessee. Section 161 no doubt provides for the liability of a representative assessee. But s. 166 is equally material. It provides: " Nothing in the foregoing sections in this Chapter shall prevent either the direct assessment of the person on whose behalf ....