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Ramsahai Nathulal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (1984)9ITD886Indore

..... firm and if it was a case of reconstitution, whether the assessee was entitled to registration 5. chapter xvi of the income-tax act, 1961 ('the act') enacts 'special provisions applicable to firms'. sections 182 and 183 of the act in chapter xvi provide the procedure for the assessment of registered and unregistered firms, respectively. sections 184, 185 and 186 ..... ito [1964] 51 itr 823 the hon'ble supreme court while interpreting the provision of section 44 of the indian income-tax act, 1922 ('the 1922 act') that was akin to the present section 189 of the 1961 act observed that section 44 was attracted only when the business of a firm was discontinued, i.e., when there is ..... individuals who have agreed to share the profits of a business carried on by all or any of them acting for all, and supersession of the agreement brings about an end of the relation. but the income-tax act recognises a firm for purposes of assessment as a unit independent of the partners constituting it ; it invests .....

Commissioner of Income-tax Vs. T. Veeraraghavulu Chetty and Sons Co.

Court : Andhra Pradesh

Reported in : [1975]100ITR723(AP)

..... april 1, 1965, to october 30, 1965, and the other for the period thereafter. 4. at the instance of the commissioner of income-tax, the income-tax appellate tribunal, under section 256(1) of the income-tax act, 1961, has referred the following question of law to this court : ' whether, on the facts and in the circumstances of the case, a ..... firm ' ' partner ' and ' partnership ' as are respectively assigned to them in the indian partnership act. section 2(31) of the income-tax act, 1961, says that a ' person ' includes a firm also. section 4 of the income-tax act is the charging section. income-tax has to be charged for any assessment year at the rate or rates specified in respect of the total ..... december 29,1965, were two separate entities and there was, therefore, a succession of one firm by another within the meaning of section 188 of the income-tax act, 1961, and that the case did not come under section 187(2). 10. on behalf of the revenue, it was submitted that the firm was a distinct .....

The Additional Commissioner of Income-tax, (Andhra Pradesh, Hyderabad) ...

Court : Andhra Pradesh

Reported in : [1977]110ITR468(AP)

..... proceed to discuss the problem raised in the aforesaid background.92. the income-tax act, 1961 as its preamble discloses, is an act to consolidate and amend the law relating to income-tax and super-tax. that act by s. 297 repealed the indian income-tax act, 1922. the purpose of consolidating a statute is to present the whole ..... amend the existing statute law.' (pp. 363 & 364) (craies on statute-law seventh edition). law commission of india-twelfth report on income-tax act, 1922.63. the income-tax act, 1961 came into force on april, 1 1962,. it is based on the recommendations contained in the law commission's 12th report, 1958.64 ..... the contextual theory of interpretation.contextual approach:58. consolidating act - principles and presumptions of interpretation:the income-tax act, 1961 as its preamble discloses, is an act to consolidate and amend the law relating to income-tax and super-tax. this act by s. 297 repealed the indian income-tax act, 1922 which also contained the same preamble.59. in .....

income-tax Officer Vs. Republic Electricals Co.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)29ITD449(Delhi)

..... steps are concerned. as pointed out by us supra, we do not find any provision either under the general law of partnership or under the income-tax act, 1961, whereby in the computation of the total income of the firm a distinction is made between a registered firm and an unregistered firm. therefore, when we read section 40(6) in the context ..... considered the relevant provisions of law on the issue in appeal for determination before us.7. we find that in the definitions section 2 of the income-tax act, 1961, sub-section (23) defines a firm as under : (23) "firm", "partner" and "partnership", have the meanings respectively assigned to them in the indian partnership ..... than what is provided for specified purposes u/s 69 there is no distinction between a firm or a registered firm under the partnership act.10. now, when we come to the income-tax aot, 1961 we find that there is a special chapter xvi with special provisions applicable to firms.section 182 provides for the method of assessment of .....

Late Smt. K. Bhoomiamma (by Legal Representative) and Another Vs. Comm ...

Court : Karnataka

Reported in : (1991)98CTR(Kar)184; [1992]194ITR723(KAR); [1992]194ITR723(Karn)

..... the case, the tribunal was right in law in holding that, even after assessing the partner of the firm, the firm could be taxed as unregistered firm under the income-tax act, 1961 and (2) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the circular ..... entitled to registration. although the supreme court's decision is under the indian income-tax act, 1922, the board is advised that it will equally apply to the assessments made under the income-tax act, 1961. in view of the above decision, the income-tax officer assessing the partners of a firm should not normally complete the regular assessments ..... page 229 thus :'a group of persons came together and acted together for doing business and earning profits. they, therefore, constitute an association of persons only. under section 4 of the income-tax act, 1961, the unit for the section 4 of the income-tax act, 1961, charges the income earned by such an association of persons called 'person' within .....

JaIn and Co. Vs. Commissioner of Income-tax

Court : Guwahati

..... for the assessment year 1965-66 ended on april 9, 1965. on april 9, 1965, the assessee-filed an application under section 185 of the income-tax act, 1961 (hereinafter called 'the act'). the application was signed by the four partners who signed the memorandum and was accompanied by the partnership deed dated 1st february, 1964, and the memorandum ..... holding that the assessee-firm was not constituted under a valid instrument of partnership and so the assessee-firm was not entitled to registration under section 185 of the income-tax act, 1961, for the assessment years 1965-66 and 1966-67?'2. the material facts of the case may be briefly stated thus; 3. the assessee-firm, m/s ..... firm is liable to assessment. these two provisions clearly show that for the purpose of registration of a partnership firm for the purpose of the income-tax act, 1961, the act is primarily concerned with the names and addresses of the partners and their respective shares in the profit of the firm.10. an application for .....

Kukreja Agencies Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : [1993]202ITR257(Bom)

..... , on the facts and in the circumstances of the case, it was legal to make a single assessment aggregating the income for both the periods, in view of section 187 of the income-tax act, 1961, and the tax charged on such aggregate income as a whole ?' 2. the facts of the case are brief. the assessee is a partnership firm. the assessment ..... at page 778 (of 169 itr) : 'the full bench of the madhya pradesh high court in girdharilal nannelal v. cit : [1984]147itr529(mp) , held that any matter for which a provision was made in the income-tax act, 1961, was to be governed by it, notwithstanding anything different or to the contrary contained in the general law relating to that ..... of the original firm on july 31, 1975, and reconstitution of a new firm thereafter. 3. the income-tax officer did not accept this contention of the assessee in view of sub-section (2) of section 187 of the income-tax act, 1961. according to him, it was a case of mere change in the constitution of the firm. he, therefore .....

Commissioner of Income-tax Vs. B.M. JaIn and Co.

Court : Allahabad

Reported in : [1989]180ITR483(All); [1989]47TAXMAN67(All)

..... over the business after the dissolution of the erstwhile firm could not be said to be a reconstituted firm and section 188 and not section 187 of the income-tax act, 1961, would apply in such a case, and two separate assessments should be made on the two firms.13. the view expressed by the aforesaid two full bench ..... firm within the meaning of section 187(1) of the income-tax act, 1961, and that it was a case of succession of one firm by another within the meaning of section 188 of the income-tax act, 1961 ? 2. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in holding that two separate ..... assessments should be framed on the basis of the two returns of income filed by the' assessee ?' 6. the assessee is .....

JaIn and Co. Vs. Commissioner of Income-tax, Assam.

Court : Guwahati

..... for the assessment year 1965-66 ended on april 9, 1965. on april 9, 1965, the assessee-filed an application under section 185 of the income-tax act 1961 (hereinafter called "the act"). the application was signed by the four partners who signed the memorandum and was accompanied by the partnership deed dated february 1, 1964, and the ..... holding that the assessee-firm was not constituted under a valid instrument of partnership and so the assessee-firm was not entitled to registration under section 185 of the income-tax act, 1961, for the assessment years 1965-66 and 1966-67 ?"the material facts of the case may be briefly stated thus :the assessee-firm, jain & co., ..... firm is liable to assessment. these two provisions clearly show that for the purpose of registration of a partnership firm for the purpose of the income-tax, 1961, the act is primarily concerned with the names and addresses of the partners and their respective shares in the profit of the firm.an application for registration .....

Girdharilal Nannelal and Sukhlal Jhamaklal Vs. Commissioner of Income- ...

Court : Madhya Pradesh

Reported in : [1984]147ITR529(MP)

..... executing a new deed amounted to a change in the constitution of the original firm as contemplated by section 187(2) of the income-tax act, 1961, and the income-tax officer was right in clubbing the income for both the periods in framing this assessment ?'answer: the tribunal was correct in law in holding that the new partnership amounted ..... to a change in the constitution of the original firm as contemplated by section 187(2) of the income-tax act, 1961, and that the income-tax officer was right in clubbing the income for both the periods in framing assessment.misc. civil case no. 209 of 1980.23. the assessee firm consisted originally of ..... tribunal was justified in law in holding that there was a change in the constitution of the firm within the meaning of section 187(2) of the income-tax act, 1961, and, thereby directing the making of one assessment for the entire accounting period ?'answer: the tribunal was justified in law in holding that there was a .....