Income Tax Appellate Tribunal - Allahabad
Janta Coal Depot vs Ito on 1 January, 1800
Equivalent citations: (1984)19TTJ(ALL)445
ORDER
OF ASSESSMENT--Contradictory statement in the order. Ratio :
Where order of assessment is containing contradictory statement the same is liable to be set aside.
Held :
The assessment order was passed by the ITO mentioning s. 144 against column `section and sub-section under which the assessment is made'. The very same order, however, mentioned at the end that assessment was being made under s. 143 in the status of URF. On the contrary, the ITO mentioned in the body of the order that the assessment was being made protectively in the status of AOP. There being contradictory statement in the assessment order, the same was liable to be set aside for being made afresh after providing the assessee an opportunity of being heard.
Application :
Also to current assessment years.
Income Tax Act 1961 s.143 Income Tax Act 1961 s.144 Income from undisclosed sources--ADDITION UNDER S. 68--Credits in the names of partners.
Ratio :
Credits in the names of partners cannot be treated as assessee's income.
Held :
As the assessee had identified the depositors as its partners and had shown that the money did not belong to it, burden in terms of section 68 stood discharged. The addition of Rs. 10,000 was, therefore, deleted from the assessee's income.
Application :
Also to current assessment years.
Income Tax Act 1961 s.68