1978 (9) TMI 5

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....irm at Rs. 20,500 and his income from the property at Rs. 1,163. He did not, however, include the share income of his wife in his total income, although he disclosed it in the return at the appropriate place that she too was a partner in the aforesaid firm. The ITO accepted the return and completed the assessment on February 7, 1964, on a total income of Rs. 23,163. As a result of the reassessment proceedings taken under s. 147/148 subsequently, the ITO passed a fresh order of assessment on March 21, 1969, in which he included the share income of the assessee's wife in the total income of the assessee. On appeal, the order was reversed by the AAC on the ground that it was not a case of escapement. The order of the AAC was confirmed by the T....

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....is of the order dated September 23, 1968, which was passed for the limited purpose of giving effect to the income resultant from the completion of the firm's assessment, still the rectification order was barred by limitation. As regards s. 155, the Tribunal held that the same was inapplicable. In this view, the Tribunal dismissed the appeal filed by the revenue. At the instance of the Commissioner, the Tribunal has referred the following question of law for our opinion: " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Income-tax Officer's order dated 29th December, 1972, under section 154 was barred by time and that action under section 155 was not admissible? " Section 154 empow....