The Commissioner Of Income Tax (Central), Ludhiana v. Shri Pawan Kant Huf, Ludhiana

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ITR No. 21 of 1996 (O&M)Date of decision: November 16, 2009 The Commissioner of Income Tax (Central), Ludhiana ...Appellant Versus Shri Pawan Kant HUF, Ludhiana. ...Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOELHON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Krishan Mehta, Advocate, for the appellant. Mr. Animesh Sharma, Advocate, for the respondent. ORDER 1. Following question of law has been referred for the opinion ofthis Court by the Income-Tax Appellate Tribunal, Chandigarh Bench, out ofits order dated dated 14.11.1994 in I.T.A. No. 1074/Chandi/1989 for theassessment year 1982-83:- “Whether, on the facts and in the circumstances of the case, theAppellate Tribunal was right in holding that the share incomeattributable to 36% of the assessee's right, title and interest ofhis share income in M/s Munjal Sales Corpn. was to beexcluded from the assessee's total income ?” ITR No. 21 of 1996 f2.Learned counsel for the revenue fairly states that the matter iscovered by the earlier order of this Court dated 30.8.2004 in ITR No. 7 of1989 (The Commissioner of Income Tax (Central) Ludhiana v. Shri Pawan Kant, Ludhiana). 3.Accordingly, referred question is decided against the revenueand in favour of the assessee. 4.Reference is disposed of. (ADARSH KUMAR GOEL) JUDGE November 16, 2009 prem (GURDEV SINGH ) JUDGE