| Case ID |
d350d243-f898-44d6-a33b-3f79b9377fcf |
| Body |
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| Case Number |
Income-tax Reference No.29 of 1984 |
| Decision Date |
Dec 04, 1992 |
| Hearing Date |
|
| Decision |
The court held that the reference made at the instance of the assessee could not be answered as the assessee failed to take necessary steps to enable the court to render an opinion. The failure to remit printing charges and the return of notices sent to partners indicated a lack of diligence on the part of the assessee. Therefore, the court declined to answer the question referred by the Income-tax Appellate Tribunal. |
| Summary |
The case revolves around a reference made by the Income-tax Appellate Tribunal concerning the assessability of a sum of Rs39,368 as income under section 28(iv) of the Income-tax Act, 1961. The Kerala High Court evaluated the steps taken by the assessee, O.K. Industries, in response to the tribunal's reference. The court noted that the assessee did not provide proper documentation or claim notices sent to partners of the now-dissolved firm. As a result, the court deemed it impossible to render an opinion, leading to the decision to return the reference unanswered. This case highlights the importance of due diligence in legal proceedings and the potential consequences of inaction by the assessee in tax-related matters. Understanding the implications of the Income Tax Act, particularly sections related to income assessment, is crucial for firms and their legal representatives. This case serves as a reminder for taxpayers to comply with procedural requirements to ensure that their cases can be effectively heard and decided by the courts. |
| Court |
Kerala High Court
|
| Entities Involved |
|
| Judges |
K.S. PARIPOORNAN,
K.K. USHA
|
| Lawyers |
P.K.R. Menon
|
| Petitioners |
O.K. INDUSTRIES
|
| Respondents |
COMMISSIONER OF Income Tax
|
| Citations |
1994 SLD 47,
1994 PTD 444,
(1993) 202 ITR 523
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
256
|