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1 - 10 of 16 (0.49 seconds)Section 148 in The Income Tax Act, 1961 [Entire Act]
Section 147 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
The Hindu Succession Act, 1956
Gkn Driveshafts (India) Ltd vs Income Tax Officer And Ors on 25 November, 2002
30. Heard the contentions of both the parties and perused the
material available on record. In this regard, it is seen that the
assessee has filed the return of income on 18.02.2015 before the
AO and thereafter, no formal request was made for the supply of
reasons recorded. Thus, in absence of the same, there is no error in
part of the AO in not supplying the copies of the reasons recorded.
The Hon'ble Supreme Court in the case of Gkn Driveshafts (India)
Ltd vs Income Tax Officer And Ors reported in 259 ITR 19 (SC)
has spelt out the procedure to be adopted for challenging the
jurisdiction for re-assessment wherein the Hon'ble Court has held
that the assessee first has to file the return of income in compliance
of notice u/s 148 of the Act and thereafter, a prayer could be made
for the supply of the reasons recorded. However, as observed above,
in the instant case, no such prayer was made before the AO
therefore, AO was not obliged to supply the reasons recorded.
Accordingly, Ground of appeal No.5 raised by the assessee is
dismissed.
Digambar Adhar Patil vs Devram Girdhar Paul (Died) And Amr on 21 February, 1995
10. A mere agreement to divide does not require registration, if there is
an actual oral partition. It is well settled that the document though
unregistered, can, however, be looked into for the limited purpose of
establishing a severance in status, though that severance may ultimately,
after the nature of possession held by members of the separate family as
co-tenants. Kindly see
Digamber Patil vs Devram (AIR 1995 SC 1728)
Ranganayakamma & Anr vs K.S. Prakash (D) By Lrs. & Ors on 16 May, 2008
In Ranganayakamma vs K S Prakash (2008) 15 SCC 73 (SC), it is
held by the Supreme Court that a deed of partition can also be entered into
by way of family arrangement where no registration is required.
Ram Charan Lal Ram Narain vs Income-Tax Officer, Etawah, And ... on 20 August, 1964
This position was reiterated by the Supreme
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ITA No.2676/Del/2016
Court in Hriday Narain (L) vs ITO (1970) 78 ITR 26 (SC).