Supreme Court · 1979 INSC 187 · Decided 19 September 1979

Malabar Fisheries CO., Calicut v. Commissioner of Income Tax, Kerala

Court
Supreme Court of India
Citation
1979 INSC 187 · [1980] 1 S.C.R. 696
Case number
CIVIL APPEAL No. 196/1973
Decided
19 September 1979
Bench
P.N. BHAGWATI, V.D. TULZAPURKAR, R.S. PATHAK (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 34(3)(b), 2(4i)

Headnote

Firnz dissolred-Assets distributed among partner~Distribution-lf amounts to transfer of assets within the mecining of expression "otlierlvise transferred" in S. 34(3) (b) Income Tax Act 1961. Words and PhraSes-'Trarufer'-Meaning of-Distribution of assets c1nong partners-U7hether amounts S. 2(4i). The appellant, a dissolved firm as originally constituted on April 1, 1959, consisted of four partners: and carried on different business in different names and styles. The firm was dissolved on March 31, 1963 and under the deed of dissolution executed by and between the partners, the

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