1992 PLP 844 (PTD)
COMMISSIONER OF INCOME-TAX Versus RAJENDRA KUMAR KARANWAL
| Citation | 1992 PLP 844 (PTD) |
| Forum / Court | Allahabad High Court (India) |
| Bench Members | B.P. Jeevan Reddy, CJ. and R.A. Shanna, J |
| Parties | COMMISSIONER OF INCOME-TAX Versus RAJENDRA KUMAR KARANWAL |
| Primary Law | Income-tax |
Q1: What are the key laws and sections cited in 1992 PLP 844 (PTD)?
This judgment primarily cites: Income-tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 844 (PTD)?
The case was heard and decided by the Allahabad High Court (India) bench comprising: B.P. Jeevan Reddy, CJ. and R.A. Shanna, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 844 (PTD) (COMMISSIONER OF INCOME-TAX Versus RAJENDRA KUMAR KARANWAL). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Reassessment
Failure to disclose material facts necessary for assessment
No obligation to disclose gift by third party to minor sons of assessee
Tribunal justified in holding that reassessment proceedings were not validly initiated
No question of law arose: Held, dismissing the application for reference, that the assessee was under no obligation to disclose the factum of gifts to his minor sons by third parties in his returns. The Tribunal was justified in holding that reassessment proceedings under section 147(a) of the Indian Income Tax Act, 1961, were not validly initiated. No question of law arose from its order.
Judgment & Decree
B.P. JEEVAN REDDY, CJ.
By this application under section 256(2) of the Income Tax Act, 1961, the applicant is asking this Court to refer the following two questions: "(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that the initiation of proceedings under section 147(a) was invalid? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in quashing the assessment framed by the Income-tax Officer in this case by initiation of proceedings under section 147(a)?" The main question is whether the initiation of proceedings under section 147(a) was valid. It was held by the Tribunal that the initiation of proceedings was invalid, inasmuch as the assessee was not under an obligation to disclose the factum of gifts to his minor sons by a third party in the return filed by him. Since the gifts were made by a third party to the minor sons, we agree with the Tribunal that there was no obligation on the part of the assessee to disclose this fact in his return. Therefore, the case does not fall within the ambit of section 147(a). It was never the case of the Department that there was any information on the basis of which it has been reopened. At this stage, it will not be proper, on the facts and circumstances of this case, to justify the notice under section, 147(1)(a). The application is, accordingly, dismissed. M.BA./1549/T Application dismissed.