1980 (3) TMI 31

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....etition the validity of a notice dated 29th March, 1976, issued under s. 148 read with s. 147 of the I.T. Act for the assessment year 1967-68 is involved. It appears that the petitioner bad disclosed income from royalty and Garraiya Bazar besides the share income for the assessment years 1964-65 to 1968-69. For each one of these years, the ITO added the income of the petitioner from these two sour....

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....tice was issued by the ITO on 29th March, 1976, for the assessment year 1967-68 only. The petitioner, who is the wife, challenges the validity of the notice on a variety of grounds. We need not deal with them because in our opinion one of the grounds is enough for the disposal of the writ petition and the ground that appeals to us is that, contrary to the statutory provisions, the present petit....

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....e of one person and held to be the income of another person, then, an assessment of such income on such other person shall, for the purposes of section 150 and this section, be deemed to be one made in consequence of or to give effect to any finding or direction contained in the said order, provided such other person was given an opportunity of being heard before the said order was passed." Cla....

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....he present case, the appeal was in relation to the husband's assessment. The finding was that the income accrued to the wife and it could not be computed in the husband's hands under s. 64. It is evident that, according to the proviso, the present petitioner, namely, the wife, had to be afforded an opportunity of hearing by the Tribunal before the passing of that order. In paragraph 23 of the writ....