NIHAL CHAND KISHORI LAL vs COMMISSIONER OF INCOME-TAX, U. P. — 1971 PTD 441

Citation: 1971 PTD 441

Court: Allahabad High Court

Year: 1971

Decision Date: 1971-11-30

Parties: NIHAL CHAND KISHORI LAL vs COMMISSIONER OF INCOME-TAX, U. P.

Headnotes

Case cited as 1971 PTD 441

Judgment Text

Court Name: Allahabad High Court Judge(s): Jagdish Sahai, S. C. Manchanda Title: NIHAL CHAND KISHORI LAL vs COMMISSIONER OF INCOME-TAX, U. P. Case No.: Income-tax Reference No. 28 of 1963 Date of Judgment:1971-11-30 Reported As: 1971 PTD 441 Result: answered accordingly JUDGMENT JUDGMENT S. C. MANCHANDA. J.-This is a consolidated case stated under section 66(2) of the Income-tax Act, 1922, in respect of assessm ent years 1950-51 and 1951-52. The question referred is . "Whether having regard to the nature of the various activities and the other facts and circumstances of the case, the business carried on by the assessee at the time when the claim under section 25(4) was made was the `same business' on which tax under the Act of 1918 was paid and whether relief under section 25(4) was or was not allowable?" There was a Hindu undivided family styled Nihal Chand Kishori Lal it was dealing in various kinds of grains and oil seeds. That business of the Hindu undivided family was charged to tax under the provisions of the Indian Income-tax Act, 1918. Later on, the Hindu undivided family business was taken over by a registered firm consisting of the members of the Hindu undivided family as its partners, It is this firm which is the assessee in the present case. The newly constituted firm continued the business under the same name and style, viz., Nihal Chand Kishori Lal. The first assessm ent of the registered firm was made in the year 1927-28 and continued to be assessed right up…

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