AMAR NATH KHURANA & SONS vs APPELLATE ASSISTANT COMMISSIONER OF — 1971 PTD 339

Citation: 1971 PTD 339

Court: Punjab and Haryana High Court

Year: 1970

Decision Date: 1970-12-31

Parties: AMAR NATH KHURANA & SONS vs APPELLATE ASSISTANT COMMISSIONER OF JUDGMENT

Headnotes

Case cited as 1971 PTD 339

Judgment Text

Court Name: Punjab and Haryana High Court Judge(s): Gurdev Singh Title:AMAR NATH KHURANA & SONS vs APPELLATE ASSISTANT COMMISSIONER OF JUDGMENT Reported As: 1971 PTD 339 Result: Petition dismissed Judgment JUDGMENT The petitioner, Messrs Amar Nath Khurana & Sons, which is a partnership concern, was assessed to income-tax as an unregistered firm on 31st March 1962, for the assessment year 1957-58 and was required to pay Rs. 88,543 as income-tax on or before 30th April 1962. On appeal, the Appellate Assistant Commissioner of Income-tax remanded the case to the Income-tax Officer, who was to submit his remand report on 30th of April 1962, whereby the liability of the petitioner-firm was reduced by approximately Rs. 9,000, by which the total assessable income of the firm was reduced from Rs. 1,48,145 to Rs. 93,182. In pursuance of this report the Appellate Assistant Commissioner of Income-tax reduced the tax payable by the firm by Rs. 9,000. It may be mentioned here that, during the pendency of the appellate proceedings referred to above, the petitioner-firm had appealed against the order made by the Income-tax Officer under section 26-A of the Income-tax Act, 1922 (hereinafter referred to as the "Act"), whereby he refused to treat the firm as a registered firm and directed its assessment as unregistered firm. Though the Appellate Assistant Commissioner had upheld this order of the Income-tax Officer, the Income-tax Appellate Tribunal, by its order dated 24th of September…

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