C I T Vs. U D JHUNJHUNWALA

JUDGEMENT

(1.) THE present reference application is filed by the department pursuant to the Tribunal's order dated 06.03.1990 in R.A. No. 243(Alld.) of 1989, arising out of I.T.A. No. 1540 (Alld.) of 1985.

(2.) THE brief facts of the case are that the respondent Smt. Usha Devi Jhunjhunwala is the legal heir of Sri Kailashpat Jhutalal of Kanpur, who died on 27.02.1981. The deceased, during his lifetime was following Diwali Year for the purpose of accounting. In the relevant year, the Diwali ended on 27.10.1981. After death, the respondent has filed two returns in respect of 12 months period commencing from Diwali 1980 to Diwali 1981 pertaining to the deceased.

(3.) THE first return was for the period 07.11.1980 to 27.02.1981, i.e. the date of death of the deceased. This return was for Rs. 93,659/ -.