HEMADRI ASSOCIATES Vs. CIT

JUDGEMENT

(1.) IA No. 1/2012 in ITA No. 858 of 2008, IA No. 1/2012 in ITA No. 846 of 2008 and IA No. 1/2012 in ITA No. 840 of 2008 for bringing legal representatives of the deceased respondents in each of these appeals, are ordered and the appellants are permitted to amend the cause title accordingly. Sri A Shankar is permitted to file power for the newly added respondents within two weeks from today in the registry. ITA No. 102 of 2010 under section 260A of the Income Tax Act, 1961 [for short, the Act] is directed against the order dated 30 -10 -2009 passed by the income -tax appellate Tribunal, A Bench, Bangalore in ITA No. 450/Bang/2009 for the assessment year 2003 -04 and has its origin in protective assessment orders passed by the assessing officer in respect of the income of the assessee treated as association of persons [AoP].

(2.) THE stand of the assessee was that the income should be necessarily assessed only in the capacity of AoP and not in the hands of individual members constituting the association; that if this should have been the basis, the assessment order if at all assessed in the hands of the individual members should have been protective assessment orders etc.

(3.) WHILE the assessee (AoP) had preferred appeal to the appellate Commissioner on certain issues relating to the extent of taxability of the income even in the hands of AoP and there being no success for the assessee [AoP] before the first appellate authority, matter had been carried to income tax appellate Tribunal, the result being the same, as the appeal was dismissed, the assessee [AoP] has pursued the matter before this court by way of the present appeal.