Appeal by Special Leave from the Judgment and Order dated 26 5 1972 of the Assam Nagaland High Court in I.T.R. No.
In the assessment year, 1959 60 Tolaram claimed that his share in the partnership business should be assessed separately as his individual income.
The Appellate Assistant Commissioner also, on an appeal, after reviewing the entire set of facts and circumstances in the light of fresh materials which were available, affirmed the order of the Income tax Officer rejecting the claim of the appellant.
This was done on 17th August, 1954.
The Income tax Tribunal and then the High Court also affirmed this position.
His claim was rejected by the.
Income tax Officer, but was accepted in appeal.
In this deed, it was admitted that the business bad been carried on previous to the partition as Hindu Undivided Family business.
B. Ahuja and S. K. Nandy, for the Appellant.
On 28th March, 1959, the firm of M s. Nathmal Tolaram was dissolved and a new firm Nathmal Tolaram Petrol Depot came into existence.
On 19th September, 1950, an application was made under section 25A of the Income tax Act, 1922, to record and register the partition.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
A. Ramachandran and R. N. Sachthey, for the Respondent.
It appears that the name of the business was changed to Nathmal Tolaram from 1936 37 and that the income of the business was assessed as Hindu Un divided Family income since then.
The Judgment of the Court was delivered by BEG, C.J. The appellant, a Hindu Undivided Family, is before us by special leave through its Karta Tolaram.
The previous records do number seem to be very clear, but, from the year 1942 to 1950, the income of this business was certainly assessed as Hindu Undivided Family income.
Narmal had carried on an Hindu undivided family business started roundabout 1925.
After the partition, the business carried on at two places, Dhubri and Gauripore, was companyverted into a partnership business evidenced by a deed of partnership executed by the three brothers on 7th April, 1949.
The statement of the case shows that Narmal, who died in the year 1945, left three sons Srinivas, Nathmal and Tolaram.
It was partitioned with effect from 6th April, 1949.
1980 of 1972.
6 of 1968.
