HIRALAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference under Section 256(1) of the I.T. Act, 1961 (hereinafter to be referred to as "the Act"), by the Income-tax Appellate Tribunal, Delhi Bench-B, at the request of the assessee, Messrs. Hiralal Maliram, a joint Hindu family firm (which will hereinafter be referred to as "the assessee ").

(2.) THE relevant assessment year is 1956-57. THE assessee derived income from mica mines. THE karta of the HUF, Shri Hiralal, died on September 4, 1968, and his son, Maniram, has been substituted in his place.

(3.) THE words "such income" clearly refer to the income which is chargeable to tax but has escaped assessment. Thus, it is clear that where a reassessment is made under this section in respect of income which has escaped tax, the ITO's jurisdiction under this section is confined to such income which has escaped tax and does not extend to revising, re-opening or reconsidering the whole assessment.