CHIRANJI LAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a consolidated case stated by the Income-tax Appellate Tribunal, hereinafter referred to as the Tribunal, in respect of six applications made by the applicant, Chiranji Lal, under section 66(2) of the Income-tax Act of 1922, hereinafter referred to as the Act.

(2.) FIVE questions of law have been referred for the opinion of this court, but out of these only three are passed. They are :

(3.) FOR the assessment year 1945-46, the Income-tax Officer registered the firm under section 26A of the Act, accepting the partial partition of the erstwhile family business. The registration of the firm was given effect to by allocation of the income of the firm and assessment in the hands of each of its partners under section 23(5)(a) of the Act. The same position prevalied in the subsequent two assessment years 1946-47 and 1947-48.