G.S. ATWAL Vs. ITO

JUDGEMENT

(1.) MESSRS G. S. Atwal and Company (Asansol) was a partnership firm carrying on construction business at Asansol. One Surjit Singh Atwal was a partner of the said firm who retired from partnership with effect from December 31, 1961. The said firm, however, continued with the other partners as well as new incoming partners. In November 1965, one of the partners named Surinder Singh Atwal being appellant No. 2 made an application for disclosure of income before the income -tax authority and offered to pay tax on the said amount. It was disclosed in the said petition that the said income was for the assessment years 1958 -59 to 1961 -62 during the period when Surjit was a partner.

(2.) THE firm and its existing partners approached the learned single judge by filing the writ petition inter alia challenging the authority and propriety of the revenue in issuance of such order of attachment for realisation of the tax liability.

(3.) THE learned single judge by his Lordship's judgment and order dated 22 -4 -2003, dismissed the writ petition inter alia holding as follows :