LAWS(MAD)-1969-12-21

CHIDAMBARAM PILLAI R M Vs. COMMISSIONER OF INCOME TAX

Decided On December 05, 1969
R.M. CHIDAMBARAM PILLAI Appellant
V/S
COMMISSIONER OF INCOME-TAX, MADRAS Respondents

JUDGEMENT

(1.) THESE are two consolidated references relating to the assessment years 1959-60 to 1961-62 in one case and to the last two years in the other. When they came up before a Division Bench to which one of us was a party, it was felt that Mathew Abraham v. Commr. of Income-tax, (1964) 51 ITR 467 (Mad) required reconsideration and they have been placed before us. The common question for decision in the references under Section 63(1) of the Indian Income-tax Act 1922, is:

(2.) THE Division Bench in its order of reference to a Fuller Bench stated thus:

(3.) IN Dulichand Laxminarayan v. Commr. of INcome-tax. Nagpur, the Supreme Court held that a firm was not a person and as such was not entitled to enter into a partnership with another firm or a Hindu undivided family or individual. It was pointed out there (at D. 540 of ITR) -- (at p. 357 of AIR):--