Supreme Court · 1985 INSC 200 · Decided 20 September 1985
M/ S. Badri Prasad Jagan Prasad v. Commissioner of Income Tax, U.P., Lucknow
- Court
- Supreme Court of India
- Citation
- 1985 INSC 200 · [1985] SUPP. 2 S.C.R. 879
- Case number
- CIVIL APPEAL No. 182/1974
- Decided
- 20 September 1985
- Bench
- V.D. TULZAPURKAR, SABYASACHI MUKHERJI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 25(4)
Headnote
Income Tax Act, 1922, s.25(4) - Hindu undivided family - carrying on business - Assessed under Act of 191~ - Partial partition of family on 11th October, 1948 - Partnership firm succeeding family business on 12th October, 1948 - Succession - When takes place - Intention to carry on business ~ to relief under s. 25(4). The Assessee, a Hindu undivided. family, carrying on business was assessed under the Indian Income Tax Act, 1918. In A B c the assessment year 1949-50 the assessee contended that there was D partial partition of the family on 11th October 1948 and various businesses
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