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Commissioner of Income-tax Vs. K. Chandrasekaran and ors. - Court Judgment

SooperKanoon Citation

Subject

Direct Taxation

Court

Chennai High Court

Decided On

Case Number

Tax Case Nos. 338 to 340 of 1984

Judge

Reported in

[1990]182ITR392(Mad)

Acts

Income Tax Act, 1961 - Sections 143

Appellant

Commissioner of Income-tax

Respondent

K. Chandrasekaran and ors.

Appellant Advocate

C.V. Rajan, Adv.

Respondent Advocate

P.P.S. Janarthana Raja, Adv.

Excerpt:


- v. ramaswami, j.1. the following question has been referred at the instance of the revenue : 'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the assessment made on the association of persons was not valid since the assessment in the case of the members thereof had been made earlier ' 2. in view of the decision in cit v. r. dhandayutham : [1978]113itr602(mad) , the question will have to be answered in the affirmative and in favour of the assessee and it is answered accordingly. no costs.

Judgment:


V. Ramaswami, J.

1. The following question has been referred at the instance of the Revenue :

'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessment made on the association of persons was not valid since the assessment in the case of the members thereof had been made earlier '

2. In view of the decision in CIT v. R. Dhandayutham : [1978]113ITR602(Mad) , the question will have to be answered in the affirmative and in favour of the assessee and it is answered accordingly. No costs.


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