MAHESH KUMAR GUPTA,JAIPUR vs. ACIT ,CIRCLE-4, JAIPUR
In the result, appeal of the assessee is allowed
ITA 149/JPR/2022[2017-18]Status: DisposedITAT Jaipur23 Mar 2023AY 2017-18
Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)
For Appellant: Sh. Rajeev Sogani (C.A.) &For Respondent: Smt Runi Pal (Addl. CIT) a
Section 115BSection 142(1)Section 143(1)Section 143(2)Section 68
High Court, the substantial question of law for decision was whether law relating to clubbing of minor son’s share of income under Section 64(1)(iii) which was introduced by Taxation
Law (Amendment) Act, 1975, w.e.f 1.04.1976 would be applicable for previous years coming ... introduction of law.
4.40.iv Hon’ble High Court was pleased to decide at Para 17
of the order:-
“…Under the new provision, i.e. Section 64(1)(iii) a new liability has been prescribed and not the rate for ascertaining the liability. Such new liability under the Income