RAMGOPAL KHEMKA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Art. 227 of the Constitution by Ram Gopal Khemka and others against the Union of India represented by the CIT.

(2.) IT is stated in the petition that Industrial Financing Corporation was a partnership firm which carried on business during the years 1941-1953 at 37 Royd Street. It is further stated that during the asst. yr. 1949-50, 15 persons were the partners of the firm and their names are in paragraph 2 of the petition to this Court. The partnership is stated to have been constituted under a deed of partnership dt. the 25th Jan., 1947. The firm was an unregistered firm in the sense that it was not registered in accordance with the provisions of the IT Act. The assessment of the firm for the asst. yr. 1949-50 was made on the 22nd Aug., 1953, and, on the basis of that assessment, a demand notice under s. 29 was issued against the said firm. But it is stated that no demand notice was ever served upon any of the petitioners or their predecessors-in-interest.

(3.) THIS statement has not been challenged by Mr. Pal with his usual fairness. We, therefore, proceed on the basis that the firm neither discontinued its business nor the firm was dissolved at any time before the assessment was completed. The completion of the assessment would be by a notice under s. 29. Therefore, we proceed on the basis that the firm was still functioning at the date when the notice under s. 29 was served.