RAGHUPATI SINGHANIA HUF Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) UNDCR Section 250(1) of the Income-tax Act, 1961, the Tribunal lias stated the following question :

(2.) AN assessee is a Hindu undivided family. The assessment year concerned is 3973-74. The assessee holds certain shares in a company, viz., J.K. Synthetics Ltd. It has been deriving dividend income therefrom. In its return, the assessee claimed certain amount by way of deduction under Section 80K of the Income tax Act. This was disallowed by the Income-tax Officer on the ground that the assessee had not filed the relevant certificate. On appeal, this order was affirmed. The Appellate Assistant Commissioner held that, in the absence of a certificate, it was not possible for the Income-tax Officer to verify the said deduction and, without such verification, the petitioner's claim could not have been allowed. On further appeal, the Tribunal referred to certain earlier orders of its own and disposed of the appeal in the following words :

(3.) NO order as to costs.