TSection 64 (1A) of Income Tax Act
i had challanged the validity of newly inserted provisions 1a of section 64 of income tax act under civil rule no 882/93 in the gauhati high court and the court passed order on12.4.93 granting stay of operation. a further order was passed on 19.5.93 that the order passed on 12.4.93 shall continue until further orders.
i had two minor children then who were income tax assessee. the department did not contest my grounds and the minors were assessed by the department till they attained majority without considering the above clause. the grounds are relevent even today as they were then.
what will be the legal standing of relief granted by court in the context of my minor grand childrens now.
Asked in Business Law from Jaipur, Rajasthan
is your suit still pending for final adjudication?
if the relief is grated in your favour then the income tax which is abundant paid by you and wrongly assessed by the income tax department will be liable to be refunded to you
You have not understood the question !. The department did not contest the suit and respecting the stay did not club the income of the minor with the parents. I have asked the legal aspect VIS a VIS my minor grand child born now.
Asked 2 years ago
As regards the grandson his income will be assessed along with his father. Section 64 1A is clear on the said terns.