1977 (11) TMI 18

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....s a reference under s. 256(1) of the Income-tax Act, 1961, hereinafter called " the Act," at the instance of the Addl. CIT, Madhya Pradesh, Bhopal. The Income-tax Appellate Tribunal, Indore, has referred the following question of law to this court for its opinion: "Whether, on the facts and the circumstances of the case, the Tribunal was justified in law in holding that the status of the assess....

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.... therefore, be assessed in his capacity as an individual. The ITO did not accept this contention. On appeal, the AAC held that the share income from M/s. Central India Motors was liable to be taxed at the hands of the HUF only from the assessment year 1965-66. Thus for the assessment years 1965-66, 1966-67, 1967-68 and 1968-69 the AAC directed that the share income from M/s. Central India Motors b....

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....ceived from M/s. Central India Motors belonged to the Hindu undivided family of which he was the karta. The Tribunal relied upon the aforesaid declarations and, in these circumstances, learned counsel for the revenue was unable to point out that the Tribunal had erred in law in holding that the status of the assessee was that of a HUF in regard to the share income from M/s.Central India Motors. As....