COMMISSIONER OF WEALTH TAX v. G.E.NARAYANA AND OTHERS

ERKI RAMESH UPADHYAYA HUF, ,PUTTUR vs. INCOME TAX OFFICER, WARD-1, , PUTTUR

In the result, the appeal filed by the assessee is allowed

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Year : 2014-15

…e at all at the time of issuance of notice or making assessment and consequently, the assessment made requires to be annulled having regard to the ratio of the decisions of the jurisdiction High Court in the following cases : [a] G E Narayana &Ors reported in 193 ITR 41 [Kar] lb] CIT V. Lakkanna& Sons in ITRC No.57/1994 dated 26/05/2005 [Kar] [c] Subbalakshmi & Others reported in 202 Taxman 448 [Kar] 4.1 The learned CIT[A] ought to have appreciated that the mere fact that the kartha of the erstwhile HUF had filed the return of income after the disruption of the HUF on 25/07/2014 on the death of Smt. Yashoda or th…

DISRUPTED BOI CONSISTING OF SRI. DASAPPA, SRI. RAMACHANDRAPPA & SRI. D. JAIRAJ,BANGALORE vs. ITO, BANGALORE

Bench: Shri. A. K. Garodia & Shri. Lalit Kumar

…e of assessable person on the date of assessment, the assessment made on such person is bad in law. This decision of the Bombay High Court in the case of Ellis Reid (supra) has been referred by the Hon'ble High Court of Karnataka in the case of G.E. Narayana (193 ITR 41) wherein it was observed at page 47 as under: "The forerunner to this principle is found in the decision of the Bombay High Court in Ellis C Reid V cit AIR 1931 Bom.333 (1930) 5 STC 100, wherein the Bombay High Court held that, when a person died after the commencement of the assessment year but before his income for the relevant accounting year w…