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2004 (3) TMI 45 - HC - Income TaxRecovery of tax - Petitioner was a partner in the firm which was dissolved on July 15, 1981- impugned demand is for the assessment years 1981-82 and 1982-83. The assessment year 1981-82 corresponds to the financial year April 1, 1980, to March 31, 1981. Hence, the period of that assessment year is prior to the date of dissolution of the firm - The petitioner is liable to pay income-tax dues atleast regarding the period till the date he was a partner in the firm. Hence, there is no illegality in the impugned demand. – Further, A statute overrides a contract. Hence, if there is a statutory liability on someone to pay certain dues he cannot enter into a contract with someone else transferring his liability to that person. Such contract will be ignored by the tax department. – Thus this petition is dismissed
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