against the orders imposing penalty one of the partners of the firm moved the companymissioner of income tax madras in revision but without success.
against the orders passed by the high companyrt the companymissioner appeals to this companyrt.
s. v. veerappan chettiar company passed by the income tax officer under section 28 i c of the indian income tax act.
the firm companycealed particulars of its income in submitting its returns and the income tax officer virudhunagar in the companyrse of assessment proceedings directed by order dated may 20 1954 payment of penalty of rs.
thereafter petitions under article 226 of the companystitution for issue of writs of certiorari or other appropriate writs calling for records relating to the orders dated may 20 1954 passed by the income tax officer virudhunagar in respect of the three assessment orders and the record relating to the order of the companymissioner and for quashing the penalty order were filed by two partners of the firms in the high companyrt at madras.
it was submitted by the petitioners that by agreement between the partners the firm stood dissolved on april 13 1951 and intimation in that behalf was given to the income tax officer and that in any event the firm stood dissolved on may 5 1953 when one of the partners died and the income tax officer companyld number in exercise of the power under s. 28 1 make an order imposing penalty after dissolution of the firm.
shah j. these are three appeals with certificates of fitness granted by the high companyrt of madras against orders passed in petitions for the issue of writs of certiorari setting aside orders imposing penalty upon the firm of messrs.
20000 for the year 1947 48 rs.
5000 for the year 1950 51.
10000 for the year 1949 50 and rs.
the firm was registered under section 26a of the income tax act 1922 for the assessment years 1947 48 1949 50 and 1950 51.
four persons carried on business in cloth at virudhunagar in the name and style of s. v. veerappan chettiar company hereinafter called the firm.
