COMMISSIONER OF INCOME TAX Vs. PUSHPA BHATI

JUDGEMENT

(1.) THESE appeals and cross -objection before the Tribunal arise out of assessment of the respondent -assessee for asst. yrs. 1994 -95 and 1995 -96. In both these cases, the principal dispute which was before the Tribunal was whether the assessee should be assessed in respect of income in question on substantive basis or as protective measure. The Revenue's contention in respect of the income was that it is a substantive income of other members of the family; the income in question was unearthed as a result of search and seizure conducted at the premises of the assessee and members of the family.

(2.) THE Tribunal in the case of Shri Om Prakash Bhati, husband of the appellant, has held that income was to be assessed in the hands of Smt. Puspha Bhati on substantive basis and not in the hands of Shri Om Prakash Bhati. The order of the Tribunal in the matter of Om Prakash Bhati dt. 13th May, 2003, is subject -matter of pending appeal before this Court raising the question about person in whose hands, substantively the aforesaid income ought to be assessed.

(3.) IT is apparent from the following observations made by the Tribunal: