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PETITIONER: KSHETRA MOHAN-SANNYASICHARAN SADHUKHAN
Vs.
RESPONDENT: COMMISSIONER OF EXCESS PROFITS TAX,WEST BANGAL
DATE OF JUDGMENT: 20/10/1953
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN SASTRI, M. PATANJALI (CJ) BOSE, VIVIAN HASAN, GHULAM BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 516 1954 SCR 268 CITATOR INFO : R 1960 SC1147 (9) R 1966 SC 24 (11) RF 1970 SC1343 (14) R 1972 SC2315 (13)
ACT: Excess Profits Tax Act (XV of 1940), s. 8(1)- Partnership, between kartas of two Hindu undivided families- Death of kartas-Partnership continued by sons-Nature of such pertnership-Separation of members of each branch-Whether effects change in constitution of firm-Carry forward of deficiencies.
HEADNOTE: Though a partnership entered into by the kartas of two Hindu undivided families is popularly described as one between two Hindu undivided families, in the eye of the law it is a part nership between the two kartas, and the other members of the family do not ipso facto become partners. It is open to the in dividual members of a Hindu undivided family to enter into a partnership with the individual members of another Hindu undivided family but in such a case it cannot be called a partnership between two Hindu undivided families. (1) (1937] 5 I.T.R. 202. (2) [1939]7 I,T.R. 195. (3) [1952] 22 I.T...