COMMISSIONER OF INCOME-TAX, BIHAR & ORISSA vs PRAKASH RAM GUPTA — 1972 PTD 54

Citation: 1972 PTD 54

Court: Patna High Court

Year: 1968

Decision Date: 1968-11-08

Parties: COMMISSIONER OF INCOME-TAX, BIHAR & ORISSA vs PRAKASH RAM GUPTA

Headnotes

Case cited as 1972 PTD 54

Judgment Text

Court Name: Patna High Court Judge(s): U. N. Sinha, Kanhaiyaji Title: COMMISSIONER OF INCOME-TAX, BIHAR & ORISSA vs PRAKASH RAM GUPTA Case No.: Tax Cases Nos. 11 and 12 of 1967 Date of Judgment:1968-11-08 Reported As: 1972 PTD 54 Result: reference is answered JUDGMENT JUDGMENT U. N. SINHA, J.---These two references under section 66(1) of the Indian Income-tax Act, 1922, have been heard together and this judgment will govern both the cases. The question of aw, which has been referred to this Court covering both the cases, is as follows: "Whether, on the facts and circumstances of the case, the assessee-firm was legally entitled to registration under section 26-A of the Indian Income-tax Act for the assessment years 1959-60 and 1960-61 ?" The relevant facts are as follows: One Prakash Ram Gupta used to carry on business in country liquor and Pachwai at Jharia, Bararec, Bhagatdin and Rourkella and by an agreement in writing dated the 1st April 1959, He agreed to take one Mahadeo Ram as a partner in the Bararee country liquor shop and in the Pachwai shop at Bhagatdin, on certain terms, and thereafter these two persons entered into a partnership by a registered deed executed on the 21st November 1959. In due course, the firm named Prakash Ram Gupta applied under section 26-A of the Income-tax Act, 1922, for registration of the firm for the assessm ent year 1959-60. This application was rejected by the Income-tax Officer by an order dated the 29th February 1960. It was held that…

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