1982 (1) TMI 53

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....atement 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 facts and in the circumstances of the case, the....

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..... 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 financial year in which the proceedings, in the co....

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....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 or for whose benefit income therein referred to is ....