TOLARAM BIJOY KUMAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE present assesses is admittedly a Hindu undivided family (H.U.F.) carrying on business in jute and country produce in the name and style of Tolaram Bijoy Kumar, of which Tolaram Saraf is the karta, and the reference relates to the assessment year 1960-61, the relevant previous year being 2016 R.N. corresponding to 1959-60. This assessee started business some time after March 28, 1959, as will be seen later.

(2.) THE facts and circumstances that may be gathered from the statement of case of the Tribunal may briefly be stated. Tolaram, the karta of the present assessee, H.U.F., is the son of Narmal. Narmal died in the year 1945, leaving three sons Srinivas, Nathmal and Tolaram. THE past history is as follows:

(3.) THAT leads to the assessment year 1960-61, with which we are concerned. In this year also the assessee claimed similarly as in the previous year 1959-60, that his one-third share income amounting to Rs. 21,746 from Nathmal Tolaram (Petrol Depot) was assessable in his hands as an individual and not in the hands of the H. U. F., Tolaram Bijoy Kumar, the present assessee. The Income-tax Officer this time again rejected the claim. The Appellate Assistant Commissioner, on appeal, on a review of the entire facts and circumstances, some of which were not available earlier to the Tribunal in disposing of the appeal with regard to the previous year, also rejected the claim and affirmed the order of the Income-tax Officer. Thereafter, the matter was taken to the Tribunal at Calcutta at the instance of the assessee and the Tribunal, agreeing with the Appellate Assistant Commissioner that fresh facts came to light in the assessment year in question which had not been produced before the earlier Tribunal in the previous year, rejected the assessee's claim. THAT is how the matter has now come to us on a reference under Section 66(1) of the Indian Income-tax Act, 1922.