SUNIL KRISHNA PAUL AND ANOTHER vs COMMISSIONER OF INCOME-TAX, WEST — 1972 PTD 141

Citation: 1972 PTD 141

Court: Calcutta High Court

Year: 1971

Decision Date: 1971-12-31

Parties: SUNIL KRISHNA PAUL AND ANOTHER vs COMMISSIONER OF INCOME-TAX, WEST JUDGMENT

Headnotes

Case cited as 1972 PTD 141

Judgment Text

Court Name: Calcutta High Court Judge(s): K. L. Roy, Sankar Prasad Mitra Title:SUNIL KRISHNA PAUL AND ANOTHER vs COMMISSIONER OF INCOME-TAX, WEST JUDGMENT Reported As: 1972 PTD 141 Result: N/A Judgment JUDGMENT SANKAR PRASAD MITRA, J.--This is a reference under section 66(1) of the Indian Income-tax Act, 1922. The assess--ment year is 1959-60, the corresponding previous year being 1365 B. S. Two persons named Anil Krishna Paul and Jogendralal Nandy had acquired a right of receiving commission of 1 per cent. On sales by Messrs Annapurna Cotton Mills Ltd. By an agreement dated the 26th January 1950. Jogendralal Nandy died on the 7th June 1950. Thereafter, the benefits of the agreement with the said cotton mills were transferred to the present applicants, Sunil Krishna Paul and Amar Krishna Poddar, by a deed of assignment dated the 10th December 1951. The deed of assignment was executed by Anil Krishna Paul and the legal heirs of Jogendralal Nandy. As consideration for the assignment the applicants had to pay a sum of Rs. 50,000. Thereafter, on August 9, 1954, the two assignees, Sunil Krishna Paul and Amar Krishna Poddar, entered into an agreement of partnership to share the aforesaid commission. For the assessm ent year 1959-60 the assessee-applicants, viz., Sunil Krishna Paul and Amar Krishna Poddar, claimed before the Income-tax Officer that their status should be taken as that of a firm. The Income-tax Officer rejected the claim and determined that these two persons…

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