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PETITIONER: E. M. MUTHAPPA CHETTIAR
Vs.
RESPONDENT: THE INCOME-TAX OFFICER, SPECIALCIRCLE, COIMBATORE
DATE OF JUDGMENT: 21/09/1960
BENCH: AYYANGAR, N. RAJAGOPALA BENCH: AYYANGAR, N. RAJAGOPALA DAS, S.K. HIDAYATULLAH, M. GUPTA, K.C. DAS SHAH, J.C.
CITATION: 1961 AIR 204 1961 SCR (1) 788
ACT: Excess Profits Tax-Assessment by service of notices on managing Partner-Validity-If binding on the other Partner- Tax, if can be recovered by issue of certificate-Excess Profits Tax Act, 1940 (XV of 1940), ss. 8, 13, 21-Indian Income-tax Act, 1922 (XI of 1922), ss. 29, 44, 46(2).
HEADNOTE: The firm consisting of the appellant and another, carrying on managing agency business, was on March 31, 1951, assessed to excess profits tax for the year 1942 and the broken period from January, 1943 to March 4, 1943. The prescribed notices were served not on the appellant but on the other partner who, under the terms of the partnership deed, was the managing partner. On March 4, 1943, the managing partner gave notice of dissolution of the firm and thereupon the appellant sued him for dissolution from such date as might be specified by the court. The trial Court upheld the dissolution as and from the date notified by the managing partner but on appeal the High Court by its judgment rendered in 1953 fixed March 10, 1949, as the date of the dissolution. An ap...