| Case ID |
2e993cb0-462f-472b-9fa8-9a628235ac65 |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The Madhya Pradesh High Court held that a referable question of law arose out of the Tribunal's order regarding the reopening of the assessment under the Income-tax Act, 1961. The court directed the Tribunal to refer the case for its opinion, particularly addressing the jurisdiction of the Income-tax Officer to reopen the assessment and whether the Hindu Undivided Family (HUF) could receive gifts. The court emphasized the importance of clarifying these legal questions to ensure proper legal understanding and application in future cases. |
| Summary |
In the case of Sukhlal Bhanwarlal (HUF) v. Commissioner of Income Tax, the Madhya Pradesh High Court examined the legal implications of the Income-tax Act, 1961. The case arose from the reassessment of income from undisclosed sources for the assessment year 1975-76, which was reopened based on findings from wealth-tax proceedings. The court determined that significant legal questions needed clarification, particularly regarding the jurisdiction of the Income-tax Officer and the legal status of gifts received by HUFs. This case highlights the complexities of tax law and the necessity for clear judicial guidance on such matters. The court's decision to direct the Tribunal to refer the case underscores the ongoing challenges faced by taxpayers and legal practitioners in navigating the intricacies of tax legislation. Keywords: Income-tax Act, Wealth-tax, tax law, legal jurisdiction, reassessment, undisclosed income. |
| Court |
Madhya Pradesh High Court
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| Entities Involved |
Not available
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| Judges |
G.G. Sohani, Actg. C.J.,
R.K. Verma, J.
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| Lawyers |
P.M. Choudhary,
M.S. Choudhary,
R.C. Mukati
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| Petitioners |
Sukhlal Bhanwarlal (HUF)
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| Respondents |
Commissioner of Income Tax
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| Citations |
1988 SLD 1963,
(1988) 174 ITR 678
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| Other Citations |
Not available
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| Laws Involved |
Income-tax Act, 1961,
Wealth-tax Act, 1957
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| Sections |
256,
143(3),
147(a)
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