NIRANJAN LAL POTDAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) UPON a statement of the case submitted by the Income Tax Appellate Tribunal under Section 66 (1) of the Indian Income Tax Act, 1922, in respect of the assessment years 1949-50 and 1950-51 the following four questions have been referred to this Court.

(2.) THE assessee, Niranjan Lal Potdar, is a member of a Hindu undivided family carrying on business under the name. Messrs. Shiv Charan Lal Bankey Lal. THE family has been assessed since the assessment year 1918-10 on income from a number of sources.

(3.) IN the assessment proceeding for the assessment year 1947-48 a claim was made before the INcome Tax Officer that the assessee had separated from the Hindu undivided family as far back as 1924 and it was prayed that an order under Section 25A of the Act be made. The claim was rejected and the order became final in the absence of any appeal against it.