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PETITIONER: Y. NARAYANA CHETTY & ANOTHER
Vs.
RESPONDENT: THE INCOME-TAX OFFICER, NELLORE AND OTHERS
DATE OF JUDGMENT: 15/10/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. AIYYAR, T.L. VENKATARAMA SARKAR, A.K.
CITATION: 1959 AIR 213 1959 SCR Supl. (1) 189 CITATOR INFO : F 1961 SC1026 (6)
ACT: Income-tax-Rule empowering Income-tax Officer to cancel registration of firm found not be genuine-Validity of- Registered firm, if an assessee-Seryvice of notice on firm through Partner, if valid and proper-Writ Petition, if lies against illegal assessment Indian Income-tax Act, 1922 (XI Of 1922), SS. 23, 34-Income-tax Rules, r. 6B-Constitution of India, Art. 226.
HEADNOTE: Two persons, B and C, formed a partnership firm on April 20, 1936, and the firm was dissolved on March 31, 1948. I and C along with R formed a second firm on July 30, 1941, and it was dissolved on March 31, 1949. B and C along with five others formed a third firm on December 1, 1941, and it was dissolved on January 1, 1949. All the three firms were carrying on business in yarn and cloth and all of them were registered under S. 26-A of the Income-tax Act. For the years 1943-44 and 1944-45 tile said firms were treated as separate entities and separate assessment orders were passed in respect of the income of each one of t...