COMMISSIONER OF INCOME TAX Vs. KESARIMAL HIRACHAND
LAWS(APH)-1969-12-26
HIGH COURT OF ANDHRA PRADESH
Decided on December 24,1969

COMMISSIONER OF INCOME-TAX Appellant
VERSUS
KESARIMAL HIRACHAND Respondents


Referred Judgements :-

COMMISSIONER OF INCOME-TAX V. MD. KHALID FAQUIHI AND CO. [REFERRED TO]
ADDEPALLY NAGESWARA RAO VS. COMMISSIONER OF INCOME TAX [REFERRED TO]



Cited Judgements :-

RAMESHWARLAL LOHARIWALLA VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1978-2-9] [REFERRED TO]


JUDGEMENT

Sriramulu, J. - (1.)AT the instance of the Commissioner of Income-tax for the assessment year 1960-61, and the assessee-firm for the assessment year 1961-62, the following two questions of law have been referred to this court by the Income-tax Appellate Tribunal under Section 66(1) of the Income-tax Act of 1922.
(2.)FOR the assessment year 1960-61:
"Whether on a proper construction of the deed dated December 12, 1958, the assessee is entitled to registration for the assessment year 1960-61?"

For the assessment year 1961-62 :

"Whether, on a proper construction of the deed dated December 10, 1959, the assessee is entitled to registration for the assessment year 1961-62?"

The material facts, which give rise to the above questions of law, are stated below :

Consequent upon the exit of one of the partners, the assessee-firm was reconstituted as evidenced by the instrument of partnership dated December 12, 1958. The reconstituted firm consisted of five partners. Two minors, Champalal and Baboothmal were admitted to the benefits of the partnership.

(3.)THE firm was further reconstituted on one of the partners, Maniklal, leaving the firm on November 1, 1959. THE reconstitution of the firm was evidenced by the instrument of partnership dated December 10, 1959, with effect from November I, 1959. This reconstituted firm consisted of five members. Two minors, Champalal and Baboothmal, were admitted to the benefits of the partnership.
The former reconstituted firm applied for registration to the Income-tax Officer for the assessment year 1960-61 and the latter for the assessment year 1961-62. The Income-tax Officer allowed registration to the assessee-firm for the assessment years 1960-61 and 1961-62 under Section 26A of the Indian Income-tax Act, 1922.

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