KALVA SURYANARAYANA vs INCOME-TAX OFFICER, A-3 WARD, HYDERABAD — 1971 PTD 875

Citation: 1971 PTD 875

Court: Supreme Court of India

Year: 1968

Decision Date: 1968-08-23

Parties: KALVA SURYANARAYANA vs INCOME-TAX OFFICER, A-3 WARD, HYDERABAD

Headnotes

Case cited as 1971 PTD 875

Judgment Text

Court Name: Supreme Court of India Judge(s): V. Ramaswa mi, A. N. Grover, J. C. Shah Title: KALVA SURYANARAYANA vs INCOME-TAX OFFICER, A-3 WARD, HYDERABAD Case No.: Civil Appeal No. 998 of 1966 Writ Petition No. 1294 of 1961 Date of Judgment:1968-08-23 Reported As: 1971 PTD 875 Result: Appeal allowed JUDGMENT JUDGMENT RAMASWAMI, J.-This appeal is brought, by special leave, from the judgment of the High Court of Andhra Pradesh dated December 21, 1964, in Writ Petition No. 1294 of 1961. The appellant had entered into a partnership with three others named D. Sayappa, H. Siddappa and M. Veeraiah to carry out a "Gulmoha" contract for the year 1949-50. The firm was known as Messrs halve Suryanarayana. After completion of the contract the partnership came to an end. For the assessm ent year 1951-52, the partners of the dissolved firm made an application for registration of the partnership to the respondent who granted the registration on February 28, 1953, and on that basis proceeded to assess the total income of the partnership which he determined as Rs. 1,64,546 (O.S.), and the total income was apportioned among the four partners in proportion of their respective shares. Subsequently, the Commissioner of Income-- tax, in exercise of his revisional power under section 33-B of the Income-tax Act, passed an order on February 26, 1955, holding that the partnership had suppressed income to the extent of its. 1,72,149 (I. G.) by inflating the expenses under railway freight and by not…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.