RAMKRISHNA ASHANNA BUKEKAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE question referred to this Court under Sub -S. (2) of S. 66 of the Indian IT Act is "whether the assessee is entitled to claim that the tax paid in respect of Samvat year 2001 be refunded to it under S. 25 (4) and/or S. 48 of the Indian IT Act."

(2.) THE facts giving rise to the question may be stated as follows : The assessee is an HUF carrying on business in kirana. The assessee paid tax under the Indian IT Act, 1918. The assessment year with which we are concerned is 1946 -47, and the relevant account period is the year ending with Diwali 1945, i. e., 4th Nov., 1945. On 25th July, 1946, the assessee submitted a return of his income showing a total income of Rs. 17,417. He did not claim in the assessment year that the status of the HUF had come to an end in the account year and that there was any succession. The assessment was computed by the ITO on 16th Feb., 1947, on a total income of Rs. 39,009. On appeal to the AAC certain reductions were made in the income by the appellate order passed on 13th July, 1948. A second appeal was preferred to the Tribunal which further reduced the assessable income in the final order passed on 26th July 1949.

(3.) ON 24th May 1950 the assessee made an application saying that the status of the HUF had come to an end with the Diwali of 1945 and thereafter the family constituted itself into a partnership on