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Commissioner Of Income-tax v. Agra Carpet Museum

Commissioner Of Income-tax v. Agra Carpet Museum

(High Court Of Judicature At Allahabad)

IT REFERENCE NO. 188 OF 1984 | 15-01-2002

1. At the instance of the revenue the Tribunal, Allahabad Bench, has referred the following question of law to this Court for its opinion :

"Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that two separate assessments should be made in the case of the firm one in respect of income derived by it before re-constitution and the other in respect of income derived by it after re-constitution "

2. None appears for the applicant. We have heard Sri Ashok Kumar, the learned counsel appearing for the department.

3. In view of the Division Bench’s decision of this Court in the case of CIT v. Dhanvir Singh 1998 UPTC 86, we answer the question referred to in the negative and decide the reference in favour of the revenue and against the assessee.

4. The reference is, accordingly, answered.

Advocate List
  • Ashok Kumar

Bench
  • HON'BLE JUSTICE S.K. SEN
  • HON'BLE JUSTICE CJ.
  • HON'BLE JUSTICE R.K. AGARWAL
Eq Citations
  • LQ
  • LQ/AllHC/2002/1782
Head Note

Income Tax — Firm — Assessment of — Firm re-constituted — Firm's income before and after re-constitution — Assessment of — Two separate assessments — Impropriety of — Held, two separate assessments should not be made in case of firm one in respect of income derived by it before re-constitution and the other in respect of income derived by it after re-constitution — Dhanvir Singh, 1998 UPTC 86, followed