9911796707
TMI Blog1934 (11) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the joint family was somewhat loosely described as Parbhu Lal Pearey Lal. An assessment was made for the year 1931-32 on the income Tax Officer of Muttra found in the books of the joint family a certain khata called Onkar Mal Babu Lal sir account which stood as follows :- Rs. A. P. Credit ... ... ... ... 78,910 2 9 Debit ... ... ... ... 47,299 14 0 Profit ... ... ... ... 31,610 4 9 TOTAL ... 78,910 2 9 Enquiries were made from Bombay and it was found that the Bombay firm of Onkar Mal Babu Lal had heavy losses during the year under assessment and the Muttra join family Parbhu Lal Pearey Lal had also losses. No Income Tax therefore was assessed on either the join family in Muttra or the firm Onkar Mal Babu Lal in Bombay, but the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the attention of the Income Tax Commissioner was not drawn to the importance of the word "firm" and that in fact Parbhu Lal Pearey Lal of Muttra during the year in question were not a firm but were a join Hindu family. This in fact has been stated by the Commissioner. Learned counsel desired further that enquiry should have been made in regard to Onkar Mal Babu Lal of Bombay. But we consider that it is too late now to raise any point as to whether Onkar Mal Babu Lal are a firm or a joint Hindu family as all long they have been described by an association of a joint Hindu family in Muttra with a firm in Bombay. This question of the interpretation of the word "partnership" has been already before this Court. We may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is anything repugnant in the subject or context. In Chapter XI on Partnership in the Contract Act there are various provisions in regard to the death of partners and matters of that nature which will clearly not apply to a firm. This matter has already been considered by a Bench of this Court in a ruling reported in Jai Dayal Madan Gopal of Benares - In the matter of]. The reference in that case was : Whether having regard to the deed of partnership, dated April 16, 1928, and to other relevant evidence on the record, the finding that the registered firm Jai Dayal Madan Gopal of Benares is in its corporate capacity a partner in nine other firms bearing the same name was a legal and proper finding ? Both learned judges held that one fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
