COMMISSIONER OF INCOME TAX Vs. HARDEODAS JAGANNATH

JUDGEMENT

(1.) THE following question of law has been referred under S. 256(1) of the IT Act, 1961 by the Tribunal, Gauhati Bench, to this Court for decision : "Whether on the facts and in the circumstances of the case the Tribunal was justified in holding that the assessee firm Hardeodas Jagannath Bawri is is genuine and valid firm and is entitled to registration under S. 185 of the IT Act, 1961, for the asst. yr. 1964-65.

(2.) THE facts of the case may briefly stated as follows :-- THEre was a partnership firm known as `Hardeodas Puranmal' and the partners were five brothers, who were separated members of the HUF; they were (1) Puranmal Bawri, (2) Badri Prasad Bawri, (3) Ladhuram Bawri, (4) Nagarmal Bawri and (5) Jagannath Bawri . the firm continued upto 7th Aug., 1944 when Puranmal Bawri left the firm aand the remaining four partners continued the business in partnership till 4th April, 1951. THE firm of Hardeodas purnmal was dissolved on 4th April, 1951 by a deed of dissolution. THEre after a new partnership firm under the name and style of Hardeodas Badri Prasad was constituted by Nagarmal Bawri and Jagannath Bawri . This firm of Hardeodas Badri Prasad was also dissolved on 31st March, 1962.

(3.) THE assessee preferred appeals against the orders of the ITO before the AAC. THE AAC agreed with some of the findings of the ITO and dismissed both the appeals filed by the assessee by a consolidated. Order dt. 4th Nov., 1969.