COMMISSIONER OF INCOME TAX Vs. GOVINDRAM MATHURALAL

JUDGEMENT

(1.) THE Tribunal has referred the following question arising out of its order dt. 29th June, 1982, in respect of asst. yr. 1981-82 under s. 256(1) of the IT Act :

(2.) THE brief facts of the case are that there was an HUF consisting of Shri Mangilal (Karta), his wife and his son Shri Kailashchand. Prior to the assessment year in question, the HUF carried on the retail business. THE Karta and his son thereafter constituted a partnership firm during the year under appeal. THE return was filed showing the status as that of a firm. THE registration was also granted by the Registrar of firms. THE ITO while assessing the assessee determined the status of the assessee as HUF and observed that :