DEVENDRA PRAKASH vs INCOME-TAX OFFICER, BARELLY — 1971 PTD 810

Citation: 1971 PTD 810

Court: Allahabad High Court

Year: 1968

Decision Date: 1968-05-09

Parties: DEVENDRA PRAKASH vs INCOME-TAX OFFICER, BARELLY

Headnotes

Case cited as 1971 PTD 810

Judgment Text

Court Name: Allahabad High Court Judge(s): W. Broome, G. Kumar Title: DEVENDRA PRAKASH vs INCOME-TAX OFFICER, BARELLY Case No.: Special Appeals Nos. 417, 418 and 419 of 1962 Date of Judgment:1968-05-09 Reported As: 1971 PTD 810 Result: Appeals dismissed JUDGMENT JUDGMENT BROOME, J.--These three special appeals are directed against the judgment of Hon'ble Brijlal Gupta, J., dated November 23, 1961, by which he partly allowed three Writ Petitions (Nos. 841 of 1960 and 842 and 843 of 1961) Devendra Prakash v. Income-tax Officer, Barelly, challenging notices of demand issued by the income-tax authorities on the basis of a rectification order passed under section 35 of the Income-tax Act, 1922. The facts of the case in brief are as follows: There was a partnership business started in the year 1949, in which the partners were Hirday Narain, his major son, Yogendra Prakash, and four minor sons, Surendra Prakash Gajendra Parkash, Devendra Prakash and Bhupendra Prakash. This firm remained in existence up to July 11, 1952. But from July 12, 1952, it was reconstituted so as to exclude the father, Hirday Narain, and so as to introduce a later born minor son, Satendra Prakash, as a partner. Surendra Prakash had become major in the meantime, but Gajendra Prakash, Devendra Prakash and Bhupendra Prakash remained minors. An assessm ent order was passed against the firm on March 28, 1956, in respect of the assessm ent year 1953-54, apportioning the income among the partners as follows: "Net…

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