Rajasthan Court September 2003 Judgments

Commissioner of Income Tax Vs. Hazarimal Milapchand Surana

Court: Rajasthan

Reported in: (2004)191CTR(Raj)476; [2004]270ITR450(Raj)

S.K. Keshote, J. 1. Heard learned counsel for the parties.2. On the application filed under Section 256 of the IT Act, 1961, the Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal') preferred following question for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that M/s Hazarimal Milapchand Soorana and M/s Mannalal Nirmal Kumar Soorana & Co. could not in law be treated as one firm for purposes of assessment?' 3. Whether the firm M/s Mannalal Nirmal Kumar Soorana is an extension of assessee-firm, M/s Hazarimar Milapchand Soorana or not, that is basically a question of fact. The learned Tribunal has found finally that M/s Mannalal Nirmal Kumar Soorana & Co. is an independent firm and not an extension of M/s Hazarimal Milapchand Soorana. This finding of fact recorded by the learned Tribunal on appreciation of evidence on record, cannot be disturbed unless it is found perverse.4. There is no dispute between the learned couns...