GIRDHARI LAL LAXMAN PRASAD vs COMMISSIONER OF INCOME-TAX, U. P. — 1971 PTD 91

Citation: 1971 PTD 91

Court: Allahabad High Court

Year: 1968

Decision Date: 1968-03-11

Parties: GIRDHARI LAL LAXMAN PRASAD vs COMMISSIONER OF INCOME-TAX, U. P.

Headnotes

Case cited as 1971 PTD 91

Judgment Text

Court Name: Allahabad High Court Judge(s): R. S. Pathak, Jagdish Sehal Title: GIRDHARI LAL LAXMAN PRASAD vs COMMISSIONER OF INCOME-TAX, U. P. Case No.: Income-tax Reference No. 370 of 1963 Date of Judgment:1968-03-11 Reported As: 1971 PTD 91 Result: question in the negative JUDGMENT JUDGMENT R. S. PATHAK, J.-The assessee is a partnership firm consisting of three partners, Girdhari Lal, Laxman Prasad and Ram Dulari Devi. For the assessment year 1958-59 the Income-tax Officer took separate assessm ent proceedings against Girdhari Lal and Ram Dulari Devi in their individual status and included therein the share of each from the profits of the assessee-firm. The share was taken in accordance with the return filed by each partner and a remark was added that the amount would be rectified later under section 35 of the Income-tax Act, 1922, when the correct share was determined in the assessment of the assessee-firm. The share was brought to tax in the assessm ent of each individual partner. Subsequently, the Income-tax Officer took assessment, proceedings against the assessee-firm for the assessment year 1958-59 and made an assessm ent order, against it treating it as an unregistered firm. Before the Appellate Assistant Commissioner the assessee-firm contended that, as the Income-tax Officer had already taxed the share income in the hands of two of the partners, it was not opera to him to proceed to assess the profits again in the hands of the assessee-firm. The contention did…

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