MESSRS RIVOLI THEATRES, Karachis vs COMMISSIONER OF INCOME TAX, — 1948 PLD 73

Citation: 1948 PLD 73

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MESSRS RIVOLI THEATRES, Karachis vs COMMISSIONER OF INCOME TAX, JUDGMENT

Headnotes

Case cited as PLD 1948 P C 73

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:MESSRS RIVOLI THEATRES, Karachis vs COMMISSIONER OF INCOME TAX, JUDGMENT Reported As: 1971 SCMR 621 Result: Appeal partly accepted Judgment JUDGMENT SALAHUDDIN AHMED, J.----This appeal by special leave is from an order of the then High Court of West Pakistan, Karachi Bench, refusing to interfere with certain orders of the Income-tax authorities. The appellants are a firm carrying on the business of exhibit--ing cinematographic films at Karachi and their accounting year ends on the 31st of March. During the accounting year ending on the 31st of March 1960, the firm consisted of seven partners and for the assessment year 1960-61 it was assessed to income-tax as an unregistered firm showing a loss of Rs. 267,757. On the 27th June 1960, one of the partners, Zulekha Hasham died. It has been claimed, however, that the same business was continued as a partnership business by the remaining six partners, by virtue of a clause in the agreement of partnership which entitled them to do so. On the 21st of July 1960, another partner, Yousuf Mitha, retired from the partnership and on the 22nd of July 1:60, a new partnership deed was executed between the remaining five partners and three new partners, namely ; Haji Umar Razzak and Muhammad. To the benefits of this partnership two minors, namely ; Iqbal and Salim were also admitted. This deed was registered. For the assessm ent year…

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